FCC Web Documents citing 54.711

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

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  • Inc. Apparent Liability for Forfeiture ) ) ) ) ) ) ) File No. EB-06-IH-2307 NAL/Acct. No. 200732080031 FRN No. 0003735230 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 26, 2007 Released: July 27, 2007 By the Chief, Enforcement Bureau: INtroduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Communications Options, Inc., (``COI''), has apparently violated section 54.711(a) of the Federal Communications Commission's (the ``Commission'' or ``FCC'') rules by willfully and repeatedly failing to maintain records and documentation to justify information reported in its Telecommunications Reporting Worksheets (``Worksheets'') and provide the records and documentation to the Commission upon request. We further find that COI apparently violated a Commission order issued pursuant to sections 4(i), 4(j), 218 and 403
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  • 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 on
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4016A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4016A1.pdf
  • by wire transfer may be made to: ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6229. The payment should note the NAL/Acct. No. reference above. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, Liberty Phones, Inc., shall fully respond to the May 31, 2007 and July 17, 2007 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to Hillary S.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4019A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4019A1.pdf
  • by wire transfer may be made to: ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6229. The payment should note the NAL/Acct. No. reference above. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, Ultimate Medium Communications Corporation, shall fully respond to the June 14, 2007 and July 19, 2007 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to Hillary
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1178A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1178A1.pdf
  • 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 and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1322A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1322A1.pdf
  • 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, we
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  • 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 and
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  • 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 Consent
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  • ) ) ) ) ) ) ) File No. EB-06-IH-2307 NAL/Acct. No. 200732080031 FRN 0003735230 ORDER OF FORFEITURE Adopted: March 13, 2008 Released: March 13, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Order of Forfeiture (``Order''), we assess a monetary forfeiture of $65,000 against Communications Options, Inc. (``COI''). We find that COI willfully and repeatedly violated section 54.711(a) of the Federal Communications Commission's (the ``Commission'' or ``FCC'') rules by failing to maintain records and documentation to justify information reported in its Telecommunications Reporting Worksheets (``Worksheets'') and provide the records and documentation to the Commission upon request. Further, we find that COI willfully and repeatedly violated a Commission order issued pursuant to sections 4(i), 4(j), 218 and 403 of
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  • U.S.C. § 154(i). 47 C.F.R. §§ 0.111, 0.311. 47 U.S.C. § 254; 47 C.F.R. § 54.706. See Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission to John Patton, CEO, Supra Telecommunications & Information Systems Acquisitions Corp., issued June 26, 2008 (``June 26, 2008 LOI''). 47 U.S.C. § 254(d); 47 C.F.R. §§ 54.706, 54.711, 54.713. See June 26, 2008 LOI. See Letter from Douglas D. Orvis II, Bingham McCutchen LLP, to Marlene H. Dortch, Secretary, FCC, Attn: Michele Levy Berlove, Attorney Advisor, Investigations & Hearings Division, Enforcement Bureau, FCC, dated August 11, 2008 (``LOI Response''). Federal Communications Commission DA 09-1073 Federal Communications Commission DA 09-1073 Federal Communications Commission DA 09-1073 Federal Communications Commission DA
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  • 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 us, we
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  • 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 AllCom,
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  • 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 Local Phone
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  • 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 499-A
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  • 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 499-A
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  • 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 Act,
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  • 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 copy
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  • 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 before
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  • earlier proceeding determined that BOI (a) failed to make required universal service contributions in violation of Section 254(d) of the Act and Section 54.706 of the Commission's rules; (b) failed to make required contributions to the Telecommunications Relay Services Fund in violation of Section 64.604(c)(5)(iii)(A) of the Commission's rules; and (c) failed to file Telecom ReportingWorksheets in violation of Sections 54.711, 54.713 and 64.604(c)(iii)(B) of the Commission's rules. Consequently, with respect to the range of sanctions relating to violations of the Consent Decree, it shall be determined whether the Kintzel brothers are subject to a forfeiture in an amount not to exceed $1,538,533.52. 19. In addition to issues relating to compliance with the Consent Decree, issues are also specified below to
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  • 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 material
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  • 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 Relay Service (``TRS'') Fund. The Further Notice of Apparent Liability for Forfeiture finds that InPhonic apparently is in violation of section 214(a) of the Act, and section 63.18 of the Commission's rules, by
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  • Order of Forfeiture, we assess a monetary forfeiture of $236,774 against Global Teldata II, LLC (``Global Teldata''). Following the Notice of Apparent Liability and Order the Commission issued on October 31, 2005, we find that Global Teldata willfully and repeatedly violated section 64.1195 of the Commission's rules by failing to register with the Commission until November 17, 2004, and section 54.711(a) of those rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004. In addition, we find that Global Teldata willfully and repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by failing to contribute to the Universal Service Fund (``USF'') in 2004 and
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  • Commission will 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;
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  • Apparent Liability for Forfeiture ) ) ) ) ) ) File No. EB-05-IH-2348 NAL/Acct. No. 200832080084 FRN No. 0007-9604-20 NOTICE OF APPARENT LIABILITY FOR FORFEITURE & ORDER Adopted: April 16, 2008 Released: April 17, 2008 By the Commission: INtroduction In this 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
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  • Adopted: May 15, 2008 Released: May 19, 2008 By the Commission: I. INTRODUCTION In this Order of Forfeiture, we impose a forfeiture of $436,765 against Local Phone Services, Inc., d/b/a Best Phone (``LPSI''). The Order of Forfeiture 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-270A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-270A1.pdf
  • 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 Consent
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  • Order in CC Docket No. 96-262, 15 FCC Rcd 1679, 1687, ¶ 18 (1999); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Board on Universal Service, Second Order on Reconsideration, 12 FCC Rcd 22423, 22425, ¶ 3 (1997). Carriers must pay by the date shown on the invoice from the Administrator. 47 C.F.R. § 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Second Quarter 2006 Contribution Factor,'' Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) (``Contribution payments are due on the date shown on the invoice.''). See also
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  • 19954, ¶ 17 (2000); Interim Contribution Order, 17 FCC Rcd at 24971-72, ¶ 35; Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Board on Universal Service, Second Order on Reconsideration, 12 FCC Rcd 22423, 22425, ¶ 3 (1997). Carriers must pay by the date shown on the invoice from the Administrator. 47 C.F.R. § 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and dates by which payments must be made.'') See, e.g., ``Proposed Second Quarter 2006 Universal Service Contribution Factor,'' Public Notice, 21 FCC Rcd 2379, 2381 (Wireline Comp. Bur. 2006) (``Contribution payments are due on the date shown on the [administrator]
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  • 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 obtain
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  • 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 of $800,700.
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  • Failure by some providers to pay their share into the USF skews the playing field by giving them an economic advantage over their competitors, who must then shoulder more than their fair share of the costs of universal service. The Commission has established specific procedures for the administration of the USF and other associated federal regulatory programs. Pursuant to section 54.711(a) of the Commission's rules, a carrier is required to file FCC Form 499-A, also known as the annual Telecommunications Reporting Worksheet (``annual Worksheet'' or ``Form 499-A''), for the purpose of determining its USF, Telecommunications Relay Services Fund (``TRS Fund''), Local Number Portability (``LNP''), and North American Numbering Plan (``NANP'') administration and regulatory fee payments, and, with certain exceptions, to file
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  • 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 recovery
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  • telecommunications relay services. Pursuant to Section 64.604(c)(5)(iii)(A) of the Commission's rules, every provider of interstate or international telecommunications services must contribute to the TRS Fund based upon its end-user revenues. The Commission has established specific procedures for administration of the TRS Fund and other associated federal regulatory programs. These include the requirement that each telecommunications provider file, pursuant to Section 54.711(a) of the Commission's rules, accurate company-specific revenue data on Form 499-A annually. The information reported on Form 499-A is used to determine the telecommunications provider's payment obligations to the TRS Fund and other regulatory programs. These periodic filings trigger a determination of liability, if any, and subsequent billing and collection by the entities that administer the regulatory programs. Providers must
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  • 2000 to 1998 invoices. By letter from Barry P. Miller, Esquire to Scott Barasch at USAC, dated January 10, 2001, NATN proposed to pay off its indebtedness, as recalculated by it, in 36 monthly installments. Subsequently, NATN advised that it made a payment equal to its January 2001 contribution as billed by USAC on February 22, 2001. 47 C.F.R. § 54.711, provides that ``[c]ontributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet.'' That worksheet (and its predecessor, the Universal Service Worksheet) requires carriers to report revenue for the prior year. USAC then calculates the carrier's contribution based on that reported revenue. See NECA Changes Order, 12 FCC Rcd at 18424, 18442, 18501-02; 1998 Biennial Regulatory Review -
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  • Suite 200, Cherry Hill, New Jersey 08002. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. § 54.709(a)(4-5). 47 C.F.R. § 54.713. Letter from David H. Solomon, Chief, Enforcement Bureau, to Advanced Telecom. Network, Inc. dated August 7, 2000. The Enforcement Bureau mailed the August 7, 2000 letter to Advanced certified mail, return receipt requested. The return receipt reflects that
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  • on April 2, 2001. Copies of the April 2001 Worksheet (FCC Form 499-A) and instructions may be downloaded from the Commission's Forms Web Page (www.fcc.gov/formpage.html). Finally, copies may be obtained from NECA at (973) 560-4400. For further information, contact Suzanne McCrary, Jim Lande or Scott Bergmann, Industry Analysis Division, Common Carrier Bureau, at (202) 418-0940. 47 C.F.R. §§ 52.1(b), 52.32(b), 54.711(a), 64.604(c)(4)(iii)(B). See also 47 C.F.R. § 1.47(h) (requiring every common carrier to file information concerning their designated agents pursuant to the Telecommunications Reporting Worksheet). 47 C.F.R. § 64.1195; see also Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996, Policies and Rules Concerning Unauthorized Changes of Consumers Long Distance Carriers, Order, FCC 01-67, CC Docket
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  • 47 C.F.R. ss 1.3, 1.429, that the Petition for Waiver filed December 13, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Dorothy T. Attwood Chief, Wireline Competition Bureau See Letter from Robert W. Quinn, Jr., AT&T to Magalie Roman Salas, Federal Communications Commission, filed Dec. 13, 2001 (AT&T Request). In order to grant AT&T's request, the Commission must waive sections 54.709 and 54.711 of the Commission's rules. Thus, we have treated AT&T's request as a request for waiver of the Commission's rules governing universal service contributions. In subsequent filings, AT&T renewed its request and specifically requested a waiver of the universal service contribution rules. See Letter from Robert W. Quinn, Jr., AT&T to Magalie Roman Salas, Federal Communications Commission filed Feb. 7, 2002;
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  • CYCLE ESTABLISHED CC Docket No. 96-45 Release Date: February 26, 2002 Comment Date: 21 days from publication in the Federal Register Reply Comment Date: 31 days from publication in the Federal Register On December 13, 2002, AT&T filed a request with the Commission to contribute to universal service based on its projected revenues on a going-forward basis. Pursuant to section 54.711(c) of the Commission's rules, universal service contributions are based on a contributors' historical gross-billed end-user interstate and international telecommunications revenues, which are reported on a quarterly basis on the FCC Form 499-Q. The FCC Form 499-Q instructs contributors to report their revenues from the prior calendar quarter. These revenue data then serve as the basis for contributions assessed in the
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  • of the April 2002 Worksheet (FCC Form 499-A) and instructions may be downloaded from the Commission's Forms Web Page (www.fcc.gov/formpage.html). Finally, copies may be obtained from the National Exchange Carrier Association (NECA) at (973) 560-4400. For further information, contact Suzanne McCrary, Jim Lande or Kenneth Lynch, Industry Analysis Division, Common Carrier Bureau, at (202) 418-0940. 47 C.F.R. §§ 52.1(b), 52.32(b), 54.711(a), 64.604(c)(5)(iii)(B). See also 47 C.F.R. § 1.47(h) (requiring every common carrier to file information concerning their designated agents pursuant to the Telecommunications Reporting Worksheet). 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, CC Docket No. 98-171, Report and Order, 14
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  • Services, Inc. Petition for Waiver of Section 54.3711(a) of the Commission's Rules and Regulations ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 ORDER Adopted: April 16, 2002 Released: April 17, 2002 By the Deputy Chief, Telecommunications Access Policy Division: On April 27, 2001, AT&T Wireless Services, Inc. filed the above-captioned Petition for Waiver of section 54.711(a) of the Commission's rules. On April 8, 2002, AT&T Wireless Services, Inc. submitted a request to withdraw the above-captioned petition. We grant the request to withdraw and dismiss the petition. ACCORDINGLY, IT IS ORDERED, pursuant to the authority delegated under sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, that the request to withdraw the above-captioned
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  • Part 36 App. (definition of ``study area''). See 47 C.F.R. § 36.611. See 47 C.F.R. § 36.611(h). 47 C.F.R. § 36.613. USAC is responsible for collecting contributions to the various universal support mechanisms and disbursing universal service support funds. 47 C.F.R. § 54.702. See also 47 C.F.R § 36.613. See http://www.fcc.gov/wcb/iatd/neca.html. See 47 C.F.R. § 54.709. See 47 C.F.R. § 54.711. See Qwest Petition at 1. See id. Qwest filed similar requests for waiver and extensions of time for its year 2002 Automated Reporting Management Information System (ARMIS) filings that were due on April 1, 2003 pursuant to 47 C.F.R. § 43.21. See Qwest Petition at 1, n. 1; Letter from R. William Johnston, Executive Director - Federal Regulatory Policy, Qwest,
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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 Consent
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ª Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service GatewayUSA Holding Company Inc., Cosmos Telecom Marketing, Inc., and Sitel, Inc. Petition for Partial Waiver or, Alternatively, Clarification of Section 54.703 of the Commission's Rules Inteleca Communications Corporation Petition for Waiver of Rules 54.705, 54.707, 54.709, 54.711, and 54.713 Microdevices Worldwide Inc. Petition for Partial Waiver or, in the Alternative, Clarification of Universal Service Contribution Requirements Contained in Section 54.703 of the Commission's Rules Minimum Rate Pricing, Inc. Petition for Partial Waiver of the Universal Service Contribution Requirements Under Sections 54.703, 54.709 and 54.711 of the Commission's Rules RealWorld Advanced Technology Inc. Petition for Waiver of Rules
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  • 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 attached
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  • of collected interstate and international end-user telecommunications revenues. This percentage is called the contribution factor. The Commission determines the contribution factor each quarter. The Commission has designated USAC as the neutral entity responsible for administering the universal service support mechanisms, including billing contributors, collecting contributions to the universal service support mechanisms, and disbursing universal service support funds. Consistent with section 54.711 of the Commission's rules, contributions are calculated and filed in accordance with the Worksheet, which sets forth information that the contributor must submit to USAC on a quarterly and annual basis. Contributors must file a Form 499-A on April 1 of each year to report their annual revenues from the previous year and file a Form 499-Q on a quarterly
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  • West Monroe, 8th Floor Mailroom, Chicago, IL 60661. Payment by wire transfer may be made to ABA Number 071000013, receiving bank Bank One, and account number 1165259. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, BigZoo.com Corporation shall fully respond to the October 15, 2004, Letter of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief, Investigations and Hearings Division,
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  • 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 the Commission's rules (Issue i). In addition, if it were shown that BOI, Buzz and/or U.S. Bell willfully or repeatedly violated the provisions of the Act or the Commission's rules noted above, then it would further be determined whether a forfeiture, in the amount of $115,533.52 for the failures to make required universal service contributions, $10,000
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  • be available to contributors upon OMB approval. Completed Worksheets are due April 1, 2004. The significant changes to the proposed revised Worksheet include: Record Keeping: Section II.F (see page 11) clarifies filers' obligation to maintain records and documentation to justify information reported in the Worksheet, including the methodology used to determine projections, for three years, pursuant to 47 C.F.R. § 54.711. Line 105 and corresponding instructions (see pages 12-13): Filers will be allowed to list the top five telecommunications activities that describe their businesses. Previously, filers were instructed to indicate only their principal line of business. In addition, a new descriptive category - ``all distance'' - was added. Line 106: Filers submitting information on a consolidated basis will be required to
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  • is State or Local Government Entity I.R.C. § 501Tax Exempt PUHCA § 34 (a)(1) Exempt 605I certify that the revenue data contained herein are privileged and confidential and that public disclosure of such information would likely cause substantial harm to the competitive position of the company. I request nondisclosure of the revenue information contained herein pursuant to Sections 0.459, 52.17, 54.711 and 64.604 of the Commission's Rules. I certify that I am an officer of the above-named reporting entity, that I have examined the foregoing report and, to the best of my knowledge, information and belief, all statements of fact contained in this Worksheet are true and that said Worksheet is an accurate statement of the affairs of the above-named company
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  • 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. §§ 54.706,
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  • 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 terms
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  • 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 the National Exchange
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  • 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. 3 (Wireline Comp.
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  • 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 Carrier Association, Inc.,
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  • 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. 3 (Wireline Comp.
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  • 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 Carrier Association, Inc.,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1070A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1070A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1070A1.txt
  • 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., File No. SLD-133664,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1071A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1071A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1071A1.txt
  • 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, Inc., File No.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1074A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1074A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1074A1.txt
  • 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. 3 (Wireline Comp.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1080A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1080A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1080A1.txt
  • 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. 3 (Wireline Comp.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1907A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1907A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1907A1.txt
  • 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, QuickLink Telecom, Inc., shall fully respond to the October 15, 2004, Letter of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief, Investigations and Hearings
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2485A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2485A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2485A1.txt
  • 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 are
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  • 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 before
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3192A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3192A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3192A1.txt
  • 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, Blackstone Calling Card, Inc., shall fully respond to the October 2004 and June 2005 Letters of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3192A1_Erratum.doc
  • 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, Blackstone Calling Card, Inc., shall fully respond to the October 2004 and June 2005 Letters of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1063A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1063A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1063A1.txt
  • 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 record
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1063A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1063A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1063A2.txt
  • 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) of
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  • 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 the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1267A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1267A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1267A1.txt
  • 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, Universal Telecommunications, Inc., shall fully respond to the August 2005 and October 2005 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1512A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1512A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1512A1.txt
  • 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 material
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1976A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1976A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1976A1.txt
  • YKHC's contract was assigned by UUI to Unicom. Id. For purposes of this Order, we refer to YKHC's vendor as Unicom, the present contracting party. Request for Waiver at 2. Id. See USAC Letter at 2, 4. Request for Waiver at 3. See USAC Letter at 1. Id. Id. (retrieved Aug. 22, 2006). USAC Letter at 2; 47 C.F.R. § 54.711(b); see 47 C.F.R. § 54.709 (setting dates for contributor filings and determining the contribution factor). USAC Letter at 2. Id. See Request for Waiver. Request for Waiver at 1. Id. at 1, 5-7. 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, 1157,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2451A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2451A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2451A1.txt
  • 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 material
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2451A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2451A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2451A2.txt
  • 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 254(d)
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  • 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 where the district's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-487A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-487A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-487A1.txt
  • 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, 365017, CC Docket
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-933A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-933A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-933A1.txt
  • 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, Unicom Communications, L.L.C. shall fully respond to the October 28, 2004 Letter of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief, Investigations and Hearings
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1263A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1263A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1263A1.txt
  • 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 C.F.R. § 54.706(d). Id. § 54.711(a) (setting forth reporting requirements in accordance with Commission announcements in the Federal Register). Contributors report historical revenue on the annual Telecommunications Reporting Worksheet (FCC Form 499-A), which is generally filed on April 1 each year. See 47 C.F.R. Universal Service Administrative Company, Schedule of Filings, at http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited March 5, 2007). Contributors project future quarters' revenue on the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1277A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1277A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1277A1.txt
  • Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, CC Docket 98-171, Report and Order 1999 WL 492955, FCC 99-175 (rel. July 14, 1999). Second Order on Reconsideration, 12 FCC Rcd at 18400, Appendix C. Federal-State Joint Board on Universal Service; Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc., CC Docket No. 96-45, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947 (2000). Howe Affidavit at 1-2. 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1306A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1306A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1306A1.txt
  • 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 C.F.R. § 54.706(d). Id. § 54.711(a) (setting forth reporting requirements in accordance with Commission announcements in the Federal Register). Contributors report historical revenue on the annual Telecommunications Reporting Worksheet (FCC Form 499-A), which is generally filed on April 1 each year. See 47 C.F.R. Universal Service Administrative Company, Schedule of Filings, at http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited March 5, 2007). Contributors project future quarters' revenue on the
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  • Inc. Apparent Liability for Forfeiture ) ) ) ) ) ) ) File No. EB-06-IH-2307 NAL/Acct. No. 200732080031 FRN No. 0003735230 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 26, 2007 Released: July 27, 2007 By the Chief, Enforcement Bureau: INtroduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Communications Options, Inc., (``COI''), has apparently violated section 54.711(a) of the Federal Communications Commission's (the ``Commission'' or ``FCC'') rules by willfully and repeatedly failing to maintain records and documentation to justify information reported in its Telecommunications Reporting Worksheets (``Worksheets'') and provide the records and documentation to the Commission upon request. We further find that COI apparently violated a Commission order issued pursuant to sections 4(i), 4(j), 218 and 403
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  • 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 on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4016A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4016A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4016A1.txt
  • by wire transfer may be made to: ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6229. The payment should note the NAL/Acct. No. reference above. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, Liberty Phones, Inc., shall fully respond to the May 31, 2007 and July 17, 2007 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to Hillary S.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4019A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4019A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4019A1.txt
  • by wire transfer may be made to: ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6229. The payment should note the NAL/Acct. No. reference above. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, Ultimate Medium Communications Corporation, shall fully respond to the June 14, 2007 and July 19, 2007 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to Hillary
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  • FCC Form 499-A Instructions). 47 C.F.R. §§ 1.47, 64.1195; 2006 FCC Form 499-A Instructions at 10. We encourage new filers to submit the Form directly to USAC. 47 C.F.R. §§ 1.47, 64.1195. 47 C.F.R. § 64.1195; 2006 FCC Form 499-A Instructions at 10. 47 C.F.R. § 1.47; 2006 FCC Form 499-A Instructions at 10. 47 C.F.R. §§ 52.17, 52.32, 54.706, 54.711, 54.713, 64.604(c)(5)(iii)(B). But see 47 C.F.R. § 54.708. See 2006 FCC Form 499-A Instructions at 1. Id. at 10. Id. Providers that offer telecommunications for a fee exclusively on a non-common carrier basis need not file Form 499-A if their contribution to the USF would be de minimis under the universal service rules unless they are required to do so
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  • 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 and
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  • 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, we
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  • 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 and
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  • 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 Numbers and Titles: 54.701 Administrator of universal service support mechanisms. 54.703 The Administrator's Board of Directors. 54.705 Committees of the Administrator's Board of Directors. 54.707 Audit controls. 54.709 Computations of required contributions to universal service support mechanisms. 54.711 Contributor reporting requirements. Contributor's failure to report or to contribute. PART 59-INFRASTRUCTURE SHARING Brief Description: These rules specify the general duty of incumbent LECs to provide to certain qualifying LECs (i.e., carriers that fulfill universal service obligations) access to public switched network infrastructure, technology, information, and telecommunications facilities and functions used to provide telecommunications services, or access to information services,
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  • 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 Consent
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  • Sept. 21, 2007) (WestPAnet Letter) (collectively Petitioners). A list of these Petitioners is contained in Appendix A, attached hereto. See Achieve Letter at 1; Letter from Steven A. Augustino, Ascent Media Group, to the Federal Communications Commission, WC Docket No. 06-122, at 1, 4 (dated May 20, 2008) (Ascent Reply Comments); New Edge Letter at 1. et). 47 C.F.R. § 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made''). Federal-State Joint Board on Universal Service, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, 98-170, Report and Order and Second Further Notice of Proposed Rulemaking, 17 FCC Rcd 24952, 24972,
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  • ) ) ) ) ) ) ) File No. EB-06-IH-2307 NAL/Acct. No. 200732080031 FRN 0003735230 ORDER OF FORFEITURE Adopted: March 13, 2008 Released: March 13, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Order of Forfeiture (``Order''), we assess a monetary forfeiture of $65,000 against Communications Options, Inc. (``COI''). We find that COI willfully and repeatedly violated section 54.711(a) of the Federal Communications Commission's (the ``Commission'' or ``FCC'') rules by failing to maintain records and documentation to justify information reported in its Telecommunications Reporting Worksheets (``Worksheets'') and provide the records and documentation to the Commission upon request. Further, we find that COI willfully and repeatedly violated a Commission order issued pursuant to sections 4(i), 4(j), 218 and 403 of
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  • U.S.C. § 154(i). 47 C.F.R. §§ 0.111, 0.311. 47 U.S.C. § 254; 47 C.F.R. § 54.706. See Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission to John Patton, CEO, Supra Telecommunications & Information Systems Acquisitions Corp., issued June 26, 2008 (``June 26, 2008 LOI''). 47 U.S.C. § 254(d); 47 C.F.R. §§ 54.706, 54.711, 54.713. See June 26, 2008 LOI. See Letter from Douglas D. Orvis II, Bingham McCutchen LLP, to Marlene H. Dortch, Secretary, FCC, Attn: Michele Levy Berlove, Attorney Advisor, Investigations & Hearings Division, Enforcement Bureau, FCC, dated August 11, 2008 (``LOI Response''). Federal Communications Commission DA 09-1073 Federal Communications Commission DA 09-1073 Federal Communications Commission DA 09-1073 Federal Communications Commission DA
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  • Telecommunications Reporting Worksheet, FCC Form 499. 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, CC Docket No. 98-171, Report and Order, 14 FCC Rcd 16602 (1999). Contributors currently are required to file this information quarterly and annually. 47 C.F.R. § 54.711(a). See 47 C.F.R. § 54.708. Section 254(d) of the Communications Act of 1934, as amended (the Act) states that the Commission may exempt a carrier or class of carriers from contributing to the universal service mechanisms if the ``carrier's contribution to the preservation and advancement of universal service would be de minimis.'' 47 U.S.C. § 254(d). Section 254 of the
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  • 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 the treatment of disbursements during the pending review process. Need: In implementing statutory requirements for the
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  • Columbia and the territories and possessions. 47 U.S.C. § 153(40). 47 U.S.C. § 254(h)(2)(A). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service First Report and Order) (subsequent history omitted). See 47 C.F.R. § 54.611. Id. 47 C.F.R. § 54.611(b). 47 C.F.R. § 54.611(c). See 47 C.F.R. § 54.711(b); see also 47 C.F.R. § 54.709 (setting dates for contributor filings and determining the contribution factor). See 47 C.F.R. § 54.611(d). 47 C.F.R. § 54.611(d). See Request for Waiver at 2. Id. Id. Section 54.708 of the Commission's rules state that if a contributor's universal service contribution obligation in any given year is less than $10,000, that contributor is not
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  • para. 846. Id. Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400 (1997) (Second Order on Reconsideration). Id. at App. C. Id. Contributors are required to file quarterly and annually. 47 C.F.R. § 54.711(a). Second Order on Reconsideration, 12 FCC Rcd at 18507. Id. at 18508. Id. (``The procedures should include but not be limited to maintaining the following information on resellers: legal name; address; name of a contact person, and phone number of the contact person. If the underlying contributor does not have other reason to know that the entity will, in fact,
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  • 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 us, we
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  • No. 06-122 ORDER Adopted: May 1, 2009 Released: May 1, 2009 By the Acting Chief, Wireline Competition Bureau: INTRODUCTION In this order, we grant a petition by Verizon Wireless for a limited waiver of certain universal service FCC Form 499 revenue filing requirements. Specifically, as described below, we waive temporarily universal service revenue reporting requirements set forth pursuant to section 54.711 of the Commission's rules and the FCC Form 499 instructions and worksheets to allow Verizon Wireless to file a consolidated revenue data report for affiliated entities it acquired in its mergers with Alltel and Rural Cellular Corporation (RCC). We also waive reporting requirements to allow Verizon Wireless to report revenues for all affiliated companies using a weighted average of actual
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  • penalties, and interest by Millennium Telecom, LLC IS DENIED. 11. IT IS FURTHER ORDERED that, pursuant to section 1.102(b)(1) of the Commission's rules, 47 C.F.R. § 1.102(b)(1), this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Sharon E. Gillett Chief Wireline Competition Bureau g for Universal Service Contributors, http://www.fcc.gov/Forms/Form499-Q/499q.pdf (February 2010) (last visited May 10, 2010). 47 C.F.R. § 54.711(a). Federal-State Joint Board on Universal Service, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, 98-170, Report and Order and Second Further Notice of Proposed Rulemaking, 17 FCC Rcd 24952, 24972, para. 36 (2002) (Second Wireless Safe Harbor Order). Id. at 24973, para. 37. Id. at 24972, para. 36. USAC will refund or collect from contributors any over-payments or under-payments.
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  • 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 in the Federal Register). 47 C.F.R. § 54.702(b). (last visited June 23, 2010) (USAC Form 499 Filing Schedule). Id. 47 C.F.R. § 54.711(a). Id. USAC will refund or collect from contributors any over-payments or under-payments. If the combined quarterly projected revenues reported by a contributor are greater than those reported on
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  • 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 AllCom,
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  • single contribution system for all universal service support mechanisms based on interstate and international revenues). 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). 47 C.F.R. § 54.711(a). See Universal Service Administrative Company, Schedule of Filings, at http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited July 29, 2010) (USAC Form 499 Filing Schedule). (2004 FCC Form 499-A Instructions). Under Commission rules, revisions are filed when they are received by USAC. See 47 C.F.R. § 1.7. See 2004 FCC Form 499-A Instructions at 11. See Federal-State Joint Board on Universal Service, 1998 Biennial
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  • system for all universal service support mechanisms based on interstate and international revenues). 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). 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) and the quarterly Telecommunications Reporting Worksheets (FCC Form 499-Q)). See Universal Service Administrative Company, Schedule of Filings, at http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited July 29, 2010) (USAC Form 499 Filing Schedule). Id. (2004 FCC Form
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  • or that it would provide relief from reporting requirements to the industry as a whole. For these reasons, we deny Alexicon's request. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154, 254, and pursuant to the authority delegated in sections 0.91, 0.291, and 54.711 of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 54.711, that the petition of Alexicon Telecommunications Consulting IS DENIED. IT IS FURTHER ORDERED, pursuant to section 1.102(b)(1) of the Commission's rules, 47 C.F.R. § 1.102(b)(1), that this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Sharon E. Gillett Chief Wireline Competition Bureau Petition of Alexicon Telecommunications Consulting to Change
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  • 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 in the Federal Register). Id. 47 C.F.R. § 54.702(b). (last visited Jan. 29, 2010) (USAC Form 499 Filing Schedule). Id. 47 C.F.R. § 54.711(a). Id. USAC will refund or collect from contributors any over-payments or under-payments. If the combined quarterly projected revenues reported by a contributor are greater than those reported
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  • 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 accordance with Commission announcements in the Federal Register). Contributors report historical revenue on the annual Telecommunications Reporting Worksheet (FCC Form 499-A), which is generally filed on April 1 each year. See Universal Service Administrative Company, Schedule of Filings, at http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited Apr. 16Sept. 21, 2010) (USAC Form 499 Filing Schedule). Contributors project future
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  • 09-197 (filed Jan. 13, 2010) (Verizon Wireless Extension Request Letter); Universal Service Contribution Methodology; Verizon Wireless Petition for Limited Waiver of Safe Harbor Single Election Requirement and Criteria for Consolidated Filing of Universal Service Revenue Reports, WC Docket No. 06-122, Order, 23 FCC Rcd 5212, 5214-16, paras. 5-8 (Wireline Comp. Bur. 2009) (Verizon Wireless Consolidated Filing Order). 47 C.F.R. § 54.711; Telecommunications Reporting Worksheet, FCC Form 499-Q Instructions for Completing the Quarterly Worksheet for Filing Contributions to Universal Service Support Mechanisms, 7-8 (2009) (FCC Form 499-Q Instructions), http://www.fcc.gov/Forms/Form499-Q/499q.pdf; Telecommunications Reporting Worksheet, FCC Form 499-A Instructions for Completing the Worksheet for Filing Contributions to Telecommunications Relay Service, Universal Service, Number Administration, and Local Number Portability Support Mechanisms, 8-9 (2009) (FCC Form 499-A
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  • 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 Local Phone
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  • 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 499-A
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  • Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, CC Docket No. 98-171, Report and Order, 14 FCC Rcd 16602 (1999). Second Order on Reconsideration, 12 FCC Rcd 18400, Appendix C. Federal-State Joint Board on Universal Service; Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc., CC Docket No. 96-45, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947 (2000). Alliance Request for Review at 3-6. 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
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  • 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 in the Federal Register). Id. 47 C.F.R. § 54.702(b). See Universal Service Administrative Company, Schedule of Filings, at http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited Apr.22, 2010) (USAC Form 499 Filing Schedule). Id. 47 C.F.R. § 54.711(a). See 47 C.F.R. §§ 54.706, 54.711, and 54.713 (requiring all telecommunications carriers providing interstate telecommunications services and
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  • Reconsideration, 12 FCC Rcd 18400, 18423-24, para. 41 (1997); see 47 C.F.R. § 54.701. (last visited Apr. 30, 2010) (USAC Form 499 Filing Schedule). Contributors project future quarters' revenue on the quarterly Telecommunications Reporting Worksheets (FCC Form 499-Q), which are generally filed on February 1, May 1, August 1, and November 1. USAC Form 499 Filing Schedule. 47 C.F.R. § 54.711(a). 47 C.F.R. § 54.702(b). An entity that provides telecommunications services on a common carriage basis offers services to the public indiscriminately under the same general terms and conditions. In contrast, telecommunications offerings provided on a private carriage basis are tailored to the special requirements of each customer pursuant to individually negotiated contracts. See Nat'l Ass'n of Regulatory Utility Comm'rs v.
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  • § 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 Reporting) Tj 1 0 0 1 72 106.849 Tm (Worksheet Instructions at 5 \(2011\),
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  • Comment Date: October 24, 2011 The Wireline Competition Bureau seeks comment on a request filed by Baltimore-Washington Telephone Company (BWTel). BWTel requests review of a decision by the Universal Service Administrative Company assessing BWTel late fees and penalties associated with BWTel's Forms 499-A for 2008, 2009, and 2010. In the alternative, BWTel requests a waiver or partial waiver of sections 54.711 and 54.713(c) of the Commission's rules. Interested parties may file comments on or before October 7, 2011 and reply comments on or before October 24, 2011. All pleadings are to reference WC Docket 06-122. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. . Paper Filers: Parties who choose to file by
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  • State or Local Government Entity I.R.C. § 501 or State Tax Exempt (see instructions) 605 I certify that the revenue data contained herein are privileged and confidential and that public disclosure of such information would likely cause substantial harm to the competitive position of the company. I request nondisclosure of the revenue information contained herein pursuant to sections 0.459, 52.17, 54.711 and 64.604 of the Commission's rules. I certify that I am an officer of the above-named reporting entity as defined in the instructions, that I have examined the foregoing report and, to the best of my knowledge, information and belief, all statements of fact contained in this Worksheet are true and that said Worksheet is an accurate statement of the
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  • obligations to register with the Federal Communications Commission.6 II. Filing Requirements and General Instructions A. Who Must File With very limited exceptions, all intrastate, interstate, and international providers of telecommunications in the United States7 must file this Worksheet.8 Telecommunications providers that are contributors to 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).
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  • 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, public notice periods, and accompanying support
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  • 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 year
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  • 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 499-A
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  • 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 accordance with Commission announcements in the Federal Register). Contributors report historical revenue on the annual Telecommunications Reporting Worksheet (FCC Form 499-A), which is generally filed on April 1 each year. See Universal Service Administrative Company, Schedule of Filings, http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited Feb. 18, 2011) (USAC Form 499 Filing Schedule). Contributors project future quarters' revenue
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  • Service Eighth Report and Order). 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 at 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 accordance with Commission announcements in the Federal Register). Contributors report historical revenue on the annual Telecommunications Reporting Worksheet (FCC Form 499-A), which is generally filed on April 1 each year. See USAC, Schedule of Filings, http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited Feb. 17, 2011) (USAC Form 499 Filing Schedule). Contributors project future quarters' revenue on the quarterly
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  • 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 1 71.75 81.149 Tm (Telecommunications Reporting Worksheet \(FCC Form 499-A\)\); Universal Service Administrative Company,)
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  • 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 Act,
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  • compensation regime. One of these rules potentially affects carrier reporting on Form 499-A by permitting carriers to include, in their intrastate and interstate switched access tariffs, rates applicable to VoIP - PSTN traffic. This new rule became effective on December 29, 2011, and therefore could have resulted in changes in revenue reportable on Form 499-A Line 304, pursuant to section 54.711 of the Commission's rules, for the three days in 2011 during which it was effective. We find good cause to waive the Form 499 reporting requirements for this new rule for that limited period. In particular, we find that applying section 54.711 to require the reporting of VoIP-PSTN access charge revenues arising solely because of the adoption of section 51.913
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  • 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 copy
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  • Federal-State Joint Board on Universal Service (CC Docket No. 96-45). Reply Comments on the Rural Task Force Recommendation - Competitive Universal Service Coalition, Reply Comments - SBC Communications, Inc., Sully Buttes Telephone Cooperative, Inc., AT&T Corporation, AT&T Comments on USF LAG FNPRM. In the Matter of Federal-State Joint Board on Universal Service/Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications Inc. d/b/a Oncor Communications, Inc. (CC Docket No. 96-45). Comments - WorldCom, Inc., Sprint Corporation, Network Operator Services, Inc., The United States Telecom Association. In the Matter of Amendments to Parts 1, 2, 87 and 101 of the Commission's Rules to License Fixed Services at 24 GHz (WT Docket No. 99-327). Opposition to
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  • American Automobile Association, Request for Leave to File Late Reply Comments - The Automobile Club of Hartford, Inc. In the Matter of Access Charge Reform (CC Docket No. 96-262). Motion for Extension of Time - Allegiance Telecom, Inc. In the Matter of Federal-State Joint Board on Universal Service (CC Docket No. 96-45)/Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc. (CC Docket No. 96-45). Reply Comments - Sprint Corporation, The United States Telecom Association. In the Matter of WTB Seeks Comment on Petition for Declaratory ruling Concerning the Requirement for Good Faith Negotiations Among Economic Area Licensees and Incumbent Licensees in the Upper 200 Channels of the 800
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  • affecting universal service. For purposes of this Notice, the term "carrier" is synonymous with all filers of universal service contribution worksheets. Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (the Act). The 1996 Act amended the Communications Act of 1934. 47 U.S.C. §§ 151, et seq. 47 U.S.C. § 254. See 47 C.F.R. §§ 54.706, 54.709, 54.711. For purposes of this Order and unless otherwise stated, the term ``end-user revenues'' shall refer to a contributor's interstate and international end-user telecommunications revenues. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9199, para. 829, 9211, para. 855 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum, CC
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  • CYCLE ESTABLISHED CC Docket No. 96-45 Release Date: February 26, 2002 Comment Date: 21 days from publication in the Federal Register Reply Comment Date: 31 days from publication in the Federal Register On December 13, 2001, AT&T filed a request with the Commission to contribute to universal service based on its projected revenues on a going-forward basis. Pursuant to section 54.711(c) of the Commission's rules, universal service contributions are based on a contributors' historical gross-billed end-user interstate and international telecommunications revenues, which are reported on a quarterly basis on the FCC Form 499-Q. The FCC Form 499-Q instructs contributors to report their revenues from the prior calendar quarter. These revenue data then serve as the basis for contributions assessed in the
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  • 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 also put BOI, BUZZ and/or U.S. Bell/LINK on notice that the Commission could order a forfeiture for the failure to make required universal service contributions and a forfeiture of as much as $10,000 for each failure to file required TRS contributions and for each failure to file Telecommunications Reporting Worksheets.
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  • contribution factor. The Commission's Wireline Competition Bureau releases a public notice stating the proposed contribution factor for the upcoming quarter. If, after 14 days, the Commission takes no action regarding the proposed contribution factor, the factor becomes final. 12 See Telecommunications Industry Revenues 2001 for a comparison with the funding bases used for TRS, NANP, and LNP. 13 47 C.F.R. §54.711(b). 1 -6 The Commission issued orders in February 2002 and December 2002 that changed the methodology used to determine payments that carriers make into the federal USF. Before these changes, service providers filed historic revenue information each quarter, which, after being reduced by 1% to account for uncollectible contributions, was divided into the total program requirements in order to calculate
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  • contribution factor. The Commission's Wireline Competition Bureau releases a public notice stating the proposed contribution factor for the upcoming quarter. If, after 14 days, the Commission takes no action regarding the proposed contribution factor, the factor becomes final. 12 See Telecommunications Industry Revenues 2001 for a comparison with the funding bases used for TRS, NANP, and LNP. 13 47 C.F.R. §54.711(b). 1 -6 The Commission issued orders in February 2002 and December 2002 that changed the methodology used to determine payments that carriers make into the federal USF. Before these changes, service providers filed historic revenue information each quarter, which, after being reduced by 1% to account for uncollectible contributions, was divided into the total program requirements in order to calculate
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  • the federal USF. 16 It issued another order in December 2002 that made further changes. 17 Before these changes, service providers filed historic revenue 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. §54.711(b). 16 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
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  • the federal USF. 16 It issued another order in December 2002 that made further changes. 17 Before these changes, service providers filed historic revenue 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. §54.711(b). 16 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
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  • the applicable FCC Rules, Regulations and Orders (which are identified herein with each assertion) with respect to contributions made to the USF on revenue during the year ended December 31, 2005, relative to Filer 499 ID No. XXX: A. Part 54: Subpart H - Administration - The Contributor (Filer 499 ID No. XXX) asserts that it has: 47 C.F.R § 54.711 - Contributor reporting requirements - complied with contributor reporting requirements as follows: Calculated and filed the Telecommunications Reporting Worksheet (Form 499-A) with USAC in accordance with the Instructions to the Telecommunications Reporting Worksheet, Form 499-A (``Instructions'') (47 C.F.R. § 54.711 (a)) ,, in the following manner: Block 1: Contributor Identification Information - reported information in lines 101 to 112 in
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  • identified on the bill as recovering contributions to the universal service support mechanisms, a situation known as "circularity."17 Specifically, to account for the inclusion 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. §54.711(b). 16 47 C.F.R. §54.709(a)(3). 17 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
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  • identified on the bill as recovering contributions to the universal service support mechanisms, a situation known as "circularity."17 Specifically, to account for the inclusion 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. §54.711(b). 16 47 C.F.R. §54.709(a)(3). 17 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
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  • this change. The "Circularity Adjustment" represents the industry's actual contributions during the prior quarter as reported by USAC. This eliminated circularity as a reason for carriers to inflate pass through charges. In December 2002, the Commission adopted an order that changed the basis for contribution assessments from historic gross-billed revenues to projected collected revenues.19 This change addressed 15 47 C.F.R. §54.711(b). 16 47 C.F.R. §54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 19 See Federal-State Joint Board on Universal Service,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287688A3.pdf
  • this change. The "Circularity Adjustment" represents the industry's actual contributions during the prior quarter as reported by USAC. This eliminated circularity as a reason for carriers to inflate pass through charges. In December 2002, the Commission adopted an order that changed the basis for contribution assessments from historic gross-billed revenues to projected collected revenues.19 This change addressed 15 47 C.F.R. §54.711(b). 16 47 C.F.R. §54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 19 See Federal-State Joint Board on Universal Service,
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  • this change. The "Circularity Adjustment" represents the industry's actual contributions during the prior quarter as reported by USAC. This eliminated circularity as a reason for carriers to inflate pass through charges. In December 2002, the Commission adopted an order that changed the basis for contribution assessments from historic gross-billed revenues to projected collected revenues.19 This change addressed 15 47 C.F.R. §54.711(b). 16 47 C.F.R. §54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 19 See Federal-State Joint Board on Universal Service,
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  • this change. The "Circularity Adjustment" represents the industry's actual contributions during the prior quarter as reported by USAC. This eliminated circularity as a reason for carriers to inflate pass through charges. In December 2002, the Commission adopted an order that changed the basis for contribution assessments from historic gross-billed revenues to projected collected revenues.19 This change addressed 15 47 C.F.R. §54.711(b). 16 47 C.F.R. §54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 19 See Federal-State Joint Board on Universal Service,
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  • surcharges, and the Commission would use these revenue totals along with total estimated program requirements to calculate the contribution factor.18 In anticipation of this 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. §54.711(b). 16 47 C.F.R. §54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 1 -7 double assessment, providers would frequently inflate
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  • surcharges, and the Commission would use these revenue totals along with total estimated program requirements to calculate the contribution factor.18 In anticipation of this 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. §54.711(b). 16 47 C.F.R. §54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 1 -7 double assessment, providers would frequently inflate
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  • TRS, NANPA, and LNPA support mechanisms. 14 The revenue categories presented in Tables 1.5 through 1.7 are explained in the Form 499-A filing instructions. 15 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 16 47 C.F.R. §54.711(b). 1 - 5 Program Requirements and Contribution Factors Contributors make payments into the USF based on their interstate and international end user telecommunications revenues. Contributors report their revenue data to USAC, which collects the data and reports them to the Commission. The Commission reviews program requirements and the revenue data and determines the appropriate contribution factor. The Commission's Office of
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  • Agents, Inc., 1090 Vermont Avenue, N.W., Washington, D.C. 20005. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. § 54.709(a)(4-5). 47 C.F.R. § 54.713. Letter from Charles W. Kelley, Chief, Investigations and Hearings Division, Enforcement Bureau, to PTT Telekom, Inc. dated February 1, 2001. The Enforcement Bureau mailed the February 1, 2000 letter to PTT by certified mail, return receipt requested. The
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  • affecting universal service. For purposes of this Notice, the term "carrier" is synonymous with all filers of universal service contribution worksheets. Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (the Act). The 1996 Act amended the Communications Act of 1934. 47 U.S.C. §§ 151, et seq. 47 U.S.C. § 254. See 47 C.F.R. §§ 54.706, 54.709, 54.711. For purposes of this Order and unless otherwise stated, the term ``end-user revenues'' shall refer to a contributor's interstate and international end-user telecommunications revenues. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9199, para. 829, 9211, para. 855 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum, CC
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  • publishes such definition in the Federal Register." 15 U.S.C. § 632. See, e.g., Brown Transport Truckload, Inc. v. Southern Wipers, Inc., 176 B.R. 82 (N.D. Ga. 1994). 13 C.F.R. § 121.201. 13 C.F.R. § 121.210, SIC Code 4813. See Industry Analysis Division, Federal Communications Commission, Trends in Telephone Service, Tbl. 5.3 (Dec. 2000) (Trends in Telephone Service); 47 C.F.R. § 54.711 et seq. Trends in Telephone Service, Table 5.3 ALLTEL Comments at 4. See, e.g., ALTS Comments at 35 (``mandatory detariffing could be very costly for CLECs''). . We note that many CLECs sought action from the Commission precisely because IXCs threatened to cut off traffic and had stopped paying for CLEC switched access services. See RICA Comments at 21. See,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Z Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service Petition of Federal Transtel, Inc. for Waiver of the Universal Service Fund Contribution Requirements Under Sections 54.703, 54.709, and 54.711 of the Commission's Rules ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 AND ORDER ON RECONSIDERATION Adopted: September 18, 2001 Released: September 20, 2001 By the Commission: introduction In this Order, we deny the request of Federal Transtel, Inc. (Federal Transtel) to waive or reconsider the Commission's rules and permit Federal Transtel to recalculate
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  • 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 basis the new
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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 Federal-State Joint Board on Universal Service Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc. ) ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 Adopted: February 9, 2001 Released: February 13, 2001 By the Commission: Commissioner Furchtgott-Roth issuing a separate statement. introduction In this Order, we deny the petition of Operator Communications, Inc. d/b/a Oncor Communications, Inc.
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  • 1). Carriers will continue to receive annual true-ups when they file their Forms 499-A in April of each year. USAC will file projected program demand data at least 60 days prior to the start of a quarter and total contribution base revenue data at least 30 days prior to the start of a quarter. The Commission delegates authority under section 54.711(c) to the Common Carrier Bureau to take whatever additional steps are necessary to implement the contribution methodology adopted herein. In addition, the Commission directs USAC and the other fund administrators to devise an appropriate cost allocation plan for the additional costs for collecting, validating, and distributing the contributor data provided in the Form 499-Q. procedural matters Paperwork Reduction Act 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, and
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  • 499 that indicates whether they have reported revenues based on one of the safe harbor approaches. The Certification Statement in Form 499 will apply to this information. 47 C.F.R. §§ 54.706, 54.709. We remind filers that USAC monitors carrier filings for compliance with the reporting requirements and advises the Commission on any enforcement issues that arise. See 47 C.F.R. § 54.711 (a). Further Notice, 13 FCC Rcd at 21542, para. 20. The ``all-carrier'' rule required that all carriers owning basic transmission facilities disclose to the public all information relating to network design ``insofar as such information affects either intercarrier interconnection or the manner in which interconnected CPE operates.'' Computer III March 1999 Order, 14 FCC Rcd at 4320-23, paras. 48-53. Id.
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  • 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 have access to all data reported to the Administrator. Contributors may make requests for Commission nondisclosure of company-specific revenue information under § 0.459 of this chapter by so indicating on the Telecommunications Reporting Worksheet at the
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  • 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 such entity's projected collected interstate end-user telecommunications revenues, net of projected contributions. For purposes of this paragraph, an "entity" shall refer to the entity that is subject to the universal service reporting requirements in 47 CFR 54.711 and shall include all of that entity's affiliated providers of telecommunications services. * * * * * 2. Amend section 54.709 to revise paragraphs (a), (a)(1), and the first sentence of paragraph (a)(2) as follows: § 54.709 Computations of required contributions to universal service support mechanisms. (a) Prior to April 1, 2003, contributions to the universal service support mechanisms shall
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  • to the federal universal service support mechanisms for high cost areas, low-income consumers, schools and libraries, and rural health care providers based only on such entity's interstate end-user telecommunications revenues, net of prior period actual contributions. For purposes of this paragraph, an ``entity'' shall refer to the entity that is subject to the universal service reporting requirements in 47 C.F.R. 54.711 and shall include all of that entity's affiliated providers of telecommunications services. * * * * * 3. Section 54.709 is amended by revising paragraph (a), paragraph (a)(1) and the first sentence of paragraph (a)(2) to read as follows: § 54.709 Computations of required contributions to universal service support mechanisms. (a) Contributions to the universal service support mechanisms shall be
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  • 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 and circumstances surrounding this matter, we find that Globcom is apparently liable for a total forfeiture of $806,861. We further order Globcom to submit within 30 days, either as part of a response to
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  • the Commission's rules. The requester stated that a protective order could be used to limit further disclosure of the USF data if it was determined to be confidential. The Bureau granted in part and denied in part Lakin's FOIA request. The Bureau explained that the amounts paid by individual contributors to the USF are considered confidential under 47 C.F.R. § 54.711(b) and may not be disclosed unless directed by the Commission. It explained that disclosure of these amounts ``could be used to determine growth and placement of competitive lines of business, and general market segmentation and position,'' with concomitant substantial competitive harm to the carriers. The Bureau identified the public sources of orders related to the pass through of universal service
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  • April 22, 2002, at 12-13; Reply Comments of the Concerned Paging Carriers, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, 95-116, filed May 13, 2002, at 8. Contributors to universal service must submit their revenue information to the Universal Service Administrative Company using the Form 499-A and Form 499-Q, which are the Telecommunications Reporting Worksheets. See 47 C.F.R. § 54.711; see also Interim Contribution Methodology Order. See Interim CMRS Safe Harbor Order, 13 FCC Rcd at 21258, para. 11. (...continued from previous page) (continued....) Federal Communications Commission FCC 04-260 Federal Communications Commission FCC 04-260 h $ F S ä å æ ç è é ê ë ì í î ï ð ñ ò ó ô õ ``" §p _ I
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  • the universal service support mechanisms, as well as to the TRS Fund, the cost recovery for numbering administration, and the cost recovery for the shared costs of local number portability. In addition, the information is used by carriers to comply with the Commission's registration requirement for new and existing carriers providing interstate telecommunications service. See 47 C.F.R. §§ 52.1(b), 52.32(b), 54.711(a), 64.604(c)(4)(iii)(B), and 64.1195. Federal Communications Commission FCC 04-70 40 identification number,21 and a list of the international section 214 authorizations that it holds. In addition, the carrier would provide basic information about the services that it provided the previous year. Based on the services the responding carrier reported, the schedule would inform the carrier which other schedules, if any, the
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  • Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21, 96-45, Order, 15 FCC Rcd 22975, 22979-981, ¶¶ 9-15 (2000); Changes to the Board of Directors to the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21, 96-45, Order, FCC 99-291 (rel. Oct. 8, 1999). See 47 C.F.R. §§ 54.702(b)-(m), 54.711, 54.715. 47 C.F.R. § 54.719. See 47 C.F.R. § 54.702(n); Application of Generally Accepted Accounting Principles for Federal Agencies and Generally Accepted Government Auditing Standards to the Universal Service Fund, CC Docket No. 96-45, Order, 18 FCC Rcd 19911, 19912-13, ¶¶ 4-6 (2003) (``GovGAAP Order''). GovGAAP Order, 18 FCC Rcd at 19912-13, ¶¶ 4-6. 47 C.F.R. §§ 54.702(c)-(d). 47 C.F.R.
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  • upon the facts and circumstances surrounding this matter we conclude that this company is apparently liable for a total forfeiture of $819,905. We specifically find that InPhonic, Inc. (``InPhonic'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until January 2005. We also find that InPhonic has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2004. Finally, we find that InPhonic has apparently violated section 254(d) of the Communications Act 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
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  • of the facts and circumstances surrounding this matter, we conclude that Teletronics is apparently liable for a total forfeiture of $692,000. Specifically we find Teletronics has apparently violated sections 64.1195(a) of the Commission's rules by willfully and repeatedly failing to register with the Commission from April 2, 2001 to the current date. We also conclude that Teletronics has apparently violated 54.711(a), 64.604(c)(5)(iii)(B), and 52.17(b) of our rules by failing to submit certain Telecommunications Reporting Worksheets from 1999 to the current date. We further find that Teletronics has apparently violated sections 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
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  • 1934, as amended (the ``Act''), and with the exception of a few isolated acts of post-investigative compliance, this carrier continues a pattern of egregious non-compliance. Based upon the facts and circumstances surrounding this matter we conclude that this company is 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
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  • filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. § 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. § 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice, 18 FCC Rcd 11442 (Wir. Comp. Bur. 2003) (``Contribution payments are due on the date shown on the [USAC] invoice.'') The
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  • filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. § 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. § 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice, 18 FCC Rcd 11442 (Wir. Comp. Bur. 2003) (``Contribution payments are due on the date shown on the [USAC] invoice.'') The
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  • federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to the universal service program. Based upon the facts and circumstances surrounding this matter we conclude that this 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
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  • and circumstances surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $529,300. We specifically find that Telecom House, Inc. (``Telecom House'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until September 2004. We also find that Telecom House has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2001 to 2005. Finally, we find that Telecom House has apparently violated section 254(d) of the 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
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  • program. Based upon the facts and circumstances surrounding this matter we conclude that this carrier is apparently liable for a total forfeiture of $462,638. We specifically find that CSII has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until February 2005. We also find that CSII has apparently violated section 54.711(a) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2005. Finally, we find that CSII has apparently violated section 254(d) of the Communications Act of 1934, 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
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  • surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $236,774. We specifically find that Global Teldata II, LLC (``Global Teldata'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until November 17, 2004. We also find that Global Teldata has apparently violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004. Finally, we find that Global Teldata has apparently violated section 254(d) of 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'')
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  • we find Local Phone Services, Inc., d/b/a Best Phone (``LPSI''), a telecommunications carrier that has been operating and at least indirectly benefiting from federal programs supporting the telecommunications industry for over two years, apparently failed to meet 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
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  • 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 of
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  • 2004 Letter''), Response to Inquiry 5. 47 U.S.C. § 254(d). 47 C.F.R. §§ 54.706, 54.709. 47 C.F.R. §§ 1.1154, 1.1157(b)(1). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, ¶ 25 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). 47 C.F.R. § 54.711. See 47 C.F.R. § 54.709(a). ces for Individuals with Hearing and Speech Disabilities, and the Americans with Disabilities Act of 1990, Administration of the North American Numbering Plan and North American Numbering Plan Cost Recovery Contribution Factor and Fund Size, Number Resource Optimization, Telephone Number Portability, Truth-in-Billing and Billing Format, Report and Order and Second Further Notice of Proposed Rulemaking,
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  • must contribute to the fund. See 47 C.F.R. § 54.706(a)(3), (16). 47 U.S.C. § 254(d). 47 C.F.R. §§ 54.706, 54.709. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, ¶ 25 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). 47 C.F.R. § 54.711. See 47 C.F.R. § 54.709(a). ce 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 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 and Second Further
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  • Act or a Commission rule. As discussed below, we find by a preponderance of the evidence that Globcom has willfully and repeatedly 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 failing to contribute to the universal service and the TRS funds. In addition, we find that Globcom willfully and repeatedly violated section 54.711(a) of the Commission's rules by failing to file complete and accurate interstate and international revenue information. We credit Globcom's argument that there should be a downward adjustment in the forfeiture amount because USAC has amended its invoices since the date of the Globcom NAL to reflect a lower outstanding debt for the relevant period based on additional and revised revenue
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  • 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 before
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  • C.F.R. § 54.701(a); see Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25069-70, ¶ 20 (1998) (``USAC Appointment Order''). See 47 C.F.R. §§ 54.702(b)-(m), 54.711, 54.715. 47 C.F.R. §§ 54.702(c)-(d). 47 C.F.R. § 54.701(a). See USAC Appointment Order, 13 FCC Rcd at 25069-70, ¶ 20. Program Management NPRM, 20 FCC Rcd at 11314, ¶ 11. Id. Id., 20 FCC Rcd at 11317, ¶ 19. Currently, USAC assesses a late filing fee for both the Form 499-A and 499-Q and a late payment fee. USAC Comments
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  • earlier proceeding determined that BOI (a) failed to make required universal service contributions in violation of Section 254(d) of the Act and Section 54.706 of the Commission's rules; (b) failed to make required contributions to the Telecommunications Relay Services Fund in violation of Section 64.604(c)(5)(iii)(A) of the Commission's rules; and (c) failed to file Telecom ReportingWorksheets in violation of Sections 54.711, 54.713 and 64.604(c)(iii)(B) of the Commission's rules. Consequently, with respect to the range of sanctions relating to violations of the Consent Decree, it shall be determined whether the Kintzel brothers are subject to a forfeiture in an amount not to exceed $1,538,533.52. 19. In addition to issues relating to compliance with the Consent Decree, issues are also specified below to
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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, 7535, para. 29 (2006) (2006 Contribution Methodology Order). The Commission requires contributors to report their end user telecommunications revenues on a quarterly basis (FCC Form 499-Q) and on an annual basis (FCC Form 499-A). See 47 C.F.R. § 54.711(a). Telecommunications Act of 1996, Pub.L.No. 104-104, 110 Stat. 56 (1996) (1996 Act). The 1996 Act amended the Communications Act of 1934 (the Act). See 47 U.S.C. §§ 151, et seq. 47 U.S.C. § 254(b). 47 U.S.C. §§ 254(b)(4), (5). The Commission adopted the additional principle that federal support mechanisms should be competitively neutral, neither unfairly advantaging nor disadvantaging particular service
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  • 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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  • 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 material
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  • 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 Relay Service (``TRS'') Fund. The Further Notice of Apparent Liability for Forfeiture finds that InPhonic apparently is in violation of section 214(a) of the Act, and section 63.18 of the Commission's rules, by
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  • Order of Forfeiture, we assess a monetary forfeiture of $236,774 against Global Teldata II, LLC (``Global Teldata''). Following the Notice of Apparent Liability and Order the Commission issued on October 31, 2005, we find that Global Teldata willfully and repeatedly violated section 64.1195 of the Commission's rules by failing to register with the Commission until November 17, 2004, and section 54.711(a) of those rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004. In addition, we find that Global Teldata willfully and repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by failing to contribute to the Universal Service Fund (``USF'') in 2004 and
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  • Commission will 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;
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  • by John E. Wall, Jr. of the denial by the Wireline Competition Bureau (WCB) of his Freedom of Information Act (FOIA) request. Pursuant to FOIA Exemption 4, 5 U.S.C. § 552(b)(4), we deny the application for review. Wall's FOIA request sought ``[a]ll supporting worksheets and FCC Form 499-A filings made by MCI/WorldCom for the years 1995 to present.'' Under section 54.711(b) of our rules, ``Contributors [to universal service support programs] may make requests for Commission nondisclosure of company-specific revenue information under § 0.459 of this chapter by so indicating on the Telecommunications Reporting Worksheet at the time that the subject data are submitted.'' MCI sought confidential treatment of its filings, and therefore WCB sought comment by MCI, Inc. concerning the FOIA
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  • Apparent Liability for Forfeiture ) ) ) ) ) ) File No. EB-05-IH-2348 NAL/Acct. No. 200832080084 FRN No. 0007-9604-20 NOTICE OF APPARENT LIABILITY FOR FORFEITURE & ORDER Adopted: April 16, 2008 Released: April 17, 2008 By the Commission: INtroduction In this 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
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  • Adopted: May 15, 2008 Released: May 19, 2008 By the Commission: I. INTRODUCTION In this Order of Forfeiture, we impose a forfeiture of $436,765 against Local Phone Services, Inc., d/b/a Best Phone (``LPSI''). The Order of Forfeiture 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
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  • 22 FCC Rcd at 16387, para. 27. Pursuant to section 1.80 of the Commission's rules, failure to file required forms or information carries a base forfeiture amount of $3,000 per instance and is subject to adjustment criteria. See 47 C.F.R. § 1.80. Comprehensive Review Report and Order, 22 FCC Rcd at 16372, para. 27; see also 47 C.F.R. §§ 54.706(e), 54.711(a). See Comprehensive Review Report and Order, 22 FCC Rcd at 16372, para. 27; 47 C.F.R. § 54.706(e). See Comprehensive Review Report and Order, 22 FCC Rcd at 16387, paras. 27-28. We note that contributors who also report NRUF data to the NANPA are currently required to maintain internal records of their numbering resources for audit purposes. NRO I Order, 15
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  • 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 Consent
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  • Order in CC Docket No. 96-262, 15 FCC Rcd 1679, 1687, ¶ 18 (1999); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Board on Universal Service, Second Order on Reconsideration, 12 FCC Rcd 22423, 22425, ¶ 3 (1997). Carriers must pay by the date shown on the invoice from the Administrator. 47 C.F.R. § 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Second Quarter 2006 Contribution Factor,'' Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) (``Contribution payments are due on the date shown on the invoice.''). See also
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  • 19954, ¶ 17 (2000); Interim Contribution Order, 17 FCC Rcd at 24971-72, ¶ 35; Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Board on Universal Service, Second Order on Reconsideration, 12 FCC Rcd 22423, 22425, ¶ 3 (1997). Carriers must pay by the date shown on the invoice from the Administrator. 47 C.F.R. § 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and dates by which payments must be made.'') See, e.g., ``Proposed Second Quarter 2006 Universal Service Contribution Factor,'' Public Notice, 21 FCC Rcd 2379, 2381 (Wireline Comp. Bur. 2006) (``Contribution payments are due on the date shown on the [administrator]
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  • 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 obtain
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  • (1998); 47 C.F.R. § 54.701(a). USAC is responsible for performing numerous functions including, but not limited to, billing USF contributors, collecting USF contributions, disbursing funds, recovering improperly disbursed funds, processing appeals of funding decisions, submitting periodic reports to the Commission, maintaining accounting records, conducting audits of contributors and beneficiaries, and providing outreach to interested parties. See 47 C.F.R. §§ 54.702(b)-(m), 54.711, 54.715. . See generally 2008 FCC-USAC MOU. 2008 FCC-USAC MOU at paragraph III.B.3. USAC engages in frequent consultations with the Commission. Currently, the Telecommunications Access Policy Division of the Wireline Bureau works with USAC to implement administration of the USF. Personnel from other Commission bureaus and offices such as the Office of the Managing Director (``OMD''), the Enforcement Bureau, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-192A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-192A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-192A1.txt
  • 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, 5481, para. 298. The forms are filed with the Universal Service Administrative Company (``USAC''), which is the entity responsible for administering and managing the fund. See 47 C.F.R. § 54.711(a). (USAC Form 499 Filing Schedule). Id. See http://fjallfoss.fcc.gov/cgb/form499/499a.cfm. The Paperwork Reduction Act of 1995 (``PRA''), Pub. L. No. 104-13, 109 Stat 163 (1995) (codified in Chapter 35 of title 44 U.S.C.). Specifically, the PRA requires: (b) With respect to general information resources management, each agency shall-- (1) manage information resources to-- (A) reduce information collection burdens on the public; (B)
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  • 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 of $800,700.
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  • Failure by some providers to pay their share into the USF skews the playing field by giving them an economic advantage over their competitors, who must then shoulder more than their fair share of the costs of universal service. The Commission has established specific procedures for the administration of the USF and other associated federal regulatory programs. Pursuant to section 54.711(a) of the Commission's rules, a carrier is required to file FCC Form 499-A, also known as the annual Telecommunications Reporting Worksheet (``annual Worksheet'' or ``Form 499-A''), for the purpose of determining its USF, Telecommunications Relay Services Fund (``TRS Fund''), Local Number Portability (``LNP''), and North American Numbering Plan (``NANP'') administration and regulatory fee payments, and, with certain exceptions, to file
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.txt
  • Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25,058, 25,063-66, paras. 10-14 (1998); 47 C.F.R. § 54.701(a). The Commission appointed USAC the permanent Administrator of all of the federal universal service support mechanisms. See 47 C.F.R. §§ 54.702(b)-(m), 54.711, 54.715. USAC administers the Fund in accordance with the Commission's rules and orders. The Commission provides USAC with oral and written guidance, as well as regulation through its rulemaking process. USAC plays a critical role as day-to-day Administrator in collecting necessary information that enables the Commission to oversee the entire universal service fund. See, e.g., Memorandum of Understanding Between the
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  • section 52.32 of its rules, which requires, among other things, that all telecommunications carriers contribute to the costs of local number portability on the basis of their end-user telecommunications revenues for the prior calendar year. The Commission has established specific procedures for the administration of the USF, TRS, local number portability, and other associated federal regulatory programs. Pursuant to section 54.711(a) of the Commission's rules, a carrier is required to file FCC Form 499-A, also known as the annual Telecommunications Reporting Worksheet (``annual Worksheet'' or ``Form 499-A''), for the purpose of determining its USF, TRS Fund, LNP, and North American Numbering Plan (``NANP'') administration and regulatory fee payments, and with certain exceptions, to file Quarterly Telecommunications Reporting Worksheets (``quarterly Worksheet'' or
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  • of the Act, codified at 47 U.S.C. § 153(36); Senate Report at 6. We note that, although carriers and interconnected VoIP service providers also file FCC Form 499-Q in connection with the Commission's USF contribution requirements, FCC Form 499-Q is not required for purposes of the Commission's TRS Fund contribution requirements. See FCC Form 499-A Instructions. See 47 C.F.R. § 54.711(c). 47 C.F.R. §§ 64.604(c)(5)(iii)(A) and (B). See 47 C.F.R. §§ 64.604(c)(5)(iii)(A) and 64.601(b). Senate Report at 6; House Report at 23. Senate Report at 7. 47 U.S.C. § 225(d)(3)(B) (emphasis added). Senate Report at 6. Id. 47 C.F.R. § 64.604(c)(5)(iii)(A). See In the Matter of Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the Americans with Disabilities Act
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  • 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 recovery
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  • the universal service support mechanisms, as well as to the TRS Fund, the cost recovery for numbering administration, and the cost recovery for the shared costs of local number portability. In addition, the information is used by carriers to comply with the Commission's registration requirement for new and existing carriers providing interstate telecommunications service. See 47 C.F.R. §§ 52.1(b), 52.32(b), 54.711(a), 64.604(c)(4)(iii)(B), and 64.1195. CORES is a web-based, password-protected, registration system that assigns a unique 10-digit FCC Registration Number (FRN) for use when doing business with the FCC. See New Commission Registration System (CORES) to be Implemented July 19, Public Notice, 15 FCC Rcd 18754 (2000). 5 U.S.C. § 603(c)(1)-(c)(4). See FCC, 2009 International Telecommunications Data, p. 1, Statistical Findings (April
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-76A1_Rcd.pdf
  • the universal service support mechanisms, as well as to the TRS Fund, the cost recovery for numbering administration, and the cost recovery for the shared costs of local number portability. In addition, the information is used by carriers to comply with the Commission's registration requirement for new and existing carriers providing interstate telecommunications service. See 47 C.F.R. §§ 52.1(b), 52.32(b), 54.711(a), 64.604(c)(4)(iii)(B), and 64.1195. 56CORES is a web-based, password-protected, registration system that assigns a unique 10-digit FCC Registration Number (FRN) for use when doing business with the FCC. See NewCommission Registration System (CORES) to be Implemented July 19, Public Notice, 15 FCC Rcd 18754 (2000). 7348 Federal Communications Commission FCC 11-76 33. Proposed Schedule 2 would require filing entities to report
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  • telecommunications relay services. Pursuant to Section 64.604(c)(5)(iii)(A) of the Commission's rules, every provider of interstate or international telecommunications services must contribute to the TRS Fund based upon its end-user revenues. The Commission has established specific procedures for administration of the TRS Fund and other associated federal regulatory programs. These include the requirement that each telecommunications provider file, pursuant to Section 54.711(a) of the Commission's rules, accurate company-specific revenue data on Form 499-A annually. The information reported on Form 499-A is used to determine the telecommunications provider's payment obligations to the TRS Fund and other regulatory programs. These periodic filings trigger a determination of liability, if any, and subsequent billing and collection by the entities that administer the regulatory programs. Providers must
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  • force of binding rules, or whether they constitute non-binding agency guidance. Other parties have argued that the Commission should provide a more transparent process for modifying the Form 499 instruction changes. Discussion. We propose to adopt a formalized annual process for the Bureau to update and adopt the Telecommunications Reporting Worksheets and their accompanying instructions. We propose to amend section 54.711 to include the following proposed rule: Telecommunications Reporting Worksheet Revisions. The Wireline Competition Bureau shall annually issue a Public Notice seeking comment on the Telecommunications Reporting Worksheets and accompanying instructions. No later than 60 days prior to the annual filing deadline, the Wireline Competition Bureau shall issue a Public Notice attaching the finalized Telecommunications Reporting Worksheet and instructions. Adopting such
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.pdf
  • Portability 12. In the 1996 Act, Congress stated that all local exchange carriers have the duty to provide number portability in accordance with requirements prescribed by the Commission.32 Local number portability (LNP) allows customers to retain their telephone 96-45, DA 98-1336 (rel. July 15, 1998). 26 Universal Service Order , 12 FCC Rcd at 9206-07. 27 See 47 C.F.R. § 54.711. 28 Pub. L. No. 101-336, § 401, 104 Stat. 327, 366-69 (adding section 225 to the Communications Act of 1934, as amended, 47 U.S.C. § 225). 29 47 U.S.C. § 225(d)(3)(B). 30 47 C.F.R. § 64.601 et seq. See Telecommunications Relay Services and the Americans With Disabilities Act of 1990 , Third Report and Order, FCC 93-357, CC Docket No.
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  • affecting universal service. For purposes of this Notice, the term "carrier" is synonymous with all filers of universal service contribution worksheets. Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (the Act). The 1996 Act amended the Communications Act of 1934. 47 U.S.C. §§ 151, et seq. 47 U.S.C. § 254. See 47 C.F.R. §§ 54.706, 54.709, 54.711. For purposes of this Order and unless otherwise stated, the term ``end-user revenues'' shall refer to a contributor's interstate and international end-user telecommunications revenues. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9199, para. 829, 9211, para. 855 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum, CC
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  • international end-user telecommunications revenues. The Commission shall approve the Administrator's, the Schools and Libraries Corporation's, and the Rural Health Care Corporation's quarterly projected costs of universal service support programs, taking into account demand for support and administrative expenses. The total subject revenues shall be compiled by the Administrator based on information contained in the Universal Service Worksheets described in § 54.711(a). (3) Total projected expenses for universal service support programs for each quarter must be approved by the Commission before they are used to calculate the quarterly contribution factors and individual contributions. For each quarter, the High Cost and Low Income Committee or the permanent Administrator once the permanent administrator is chosen and the Schools and Libraries and Rural Health Care
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  • publishes such definition in the Federal Register." 15 U.S.C. § 632. See, e.g., Brown Transport Truckload, Inc. v. Southern Wipers, Inc., 176 B.R. 82 (N.D. Ga. 1994). 13 C.F.R. § 121.201. 13 C.F.R. § 121.210, SIC Code 4813. See Industry Analysis Division, Federal Communications Commission, Trends in Telephone Service, Tbl. 5.3 (Dec. 2000) (Trends in Telephone Service); 47 C.F.R. § 54.711 et seq. Trends in Telephone Service, Table 5.3 ALLTEL Comments at 4. See, e.g., ALTS Comments at 35 (``mandatory detariffing could be very costly for CLECs''). . We note that many CLECs sought action from the Commission precisely because IXCs threatened to cut off traffic and had stopped paying for CLEC switched access services. See RICA Comments at 21. See,
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  • Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96-45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6. NECA Report and Order at para. 57. 7. NECA Report and Order at para. 47. 8. NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9. NECA Report and Order at para. 48. 10. Proposed First Quarter Universal Service Contribution Factors, Public Notice, DA 97-2392 (rel. Nov. 13, 1997). On November 19, 1997, AT&T filed comments on the November 13th Public Notice. See Letter from Rick D. Bailey, AT&T, to Magalie Roman Salas, FCC, dated November 19, 1997. 11. 47 C.F.R. 54.709(a)(3). 12. Extended Review
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  • Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96- 45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6 NECA Report and Order at para. 57. 7 NECA Report and Order at para. 47. 8 NECA Report and Order at paras. 43-48. See also 47 C.F.R. §§ 54.709(a)(2), (3), and 54.711(b). 9 NECA Report and Order at para. 48. 10 Federal-State Joint Board on Universal Service, Third Order on Reconsideration, CC Docket 96-45, FCC 97- 411 (rel. Dec. 16, 1997). 11 First Quarter 1998 Universal Service Contribution Factors Revised and Approved, Public Notice, DA 97- 2623 (rel. December 16, 1997). 2 On July 18, 1997, the Commission released an Order directing
• http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980413.html
  • Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96-45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6. NECA Report and Order at para. 57. 7. NECA Report and Order at para. 47. 8. NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9. NECA Report and Order at para. 48. 10. Federal-State Joint Board on Universal Service, Third Order on Reconsideration, CC Docket 96-45, FCC 97-411 (rel. Dec. 16, 1997). 11. First Quarter 1998 Universal Service Contribution Factors Revised and Approved, Public Notice, DA 97-2623 (rel. December 16, 1997). 12. Because this table lists expenses, positive income flows are denoted with parentheses.
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  • authority to direct the performance of audits of schools and libraries and rural health care provider beneficiaries of universal service support.19 The Commission also oversees the structure and content of the annual independent audit that USAC, SLC and RHCC are required to 20 47 C.F.R. § 69.621. 21 47 U.S.C. §§ 503(b)(1)(B) and (2)(C). 22 18 U.S.C. § 1001. Section 54.711(a) of the Commission's rules, 47 C.F.R. § 54.711(a), provides, inter alia, that "[i]naccurate or untruthful information contained in the Universal Service Worksheet may lead to prosecution under the criminal provisions of Title 18 of the United States Code." Similarly, section 54.713 of the Commission's rules, 47 C.F.R. § 54.713, provides, inter alia, that "[f]ailure to file the Universal Service Worksheet
• http://transition.fcc.gov/Forms/Form499-A/499a-2012.pdf
  • obligations to register with the Federal Communications Commission.6 II. Filing Requirements and General Instructions A. Who Must File With very limited exceptions, all intrastate, interstate, and international providers of telecommunications in the United States7 must file this Worksheet.8 Telecommunications providers that are contributors to 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).
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  • 2000 to 1998 invoices. By letter from Barry P. Miller, Esquire to Scott Barasch at USAC, dated January 10, 2001, NATN proposed to pay off its indebtedness, as recalculated by it, in 36 monthly installments. Subsequently, NATN advised that it made a payment equal to its January 2001 contribution as billed by USAC on February 22, 2001. 47 C.F.R. § 54.711, provides that ``[c]ontributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet.'' That worksheet (and its predecessor, the Universal Service Worksheet) requires carriers to report revenue for the prior year. USAC then calculates the carrier's contribution based on that reported revenue. See NECA Changes Order, 12 FCC Rcd at 18424, 18442, 18501-02; 1998 Biennial Regulatory Review -
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  • Suite 200, Cherry Hill, New Jersey 08002. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. § 54.709(a)(4-5). 47 C.F.R. § 54.713. Letter from David H. Solomon, Chief, Enforcement Bureau, to Advanced Telecom. Network, Inc. dated August 7, 2000. The Enforcement Bureau mailed the August 7, 2000 letter to Advanced certified mail, return receipt requested. The return receipt reflects that
• http://transition.fcc.gov/eb/Orders/2001/fcc01106.doc http://transition.fcc.gov/eb/Orders/2001/fcc01106.html
  • Agents, Inc., 1090 Vermont Avenue, N.W., Washington, D.C. 20005. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. § 54.709(a)(4-5). 47 C.F.R. § 54.713. Letter from Charles W. Kelley, Chief, Investigations and Hearings Division, Enforcement Bureau, to PTT Telekom, Inc. dated February 1, 2001. The Enforcement Bureau mailed the February 1, 2000 letter to PTT by certified mail, return receipt requested. The
• http://transition.fcc.gov/eb/Orders/2003/FCC-03-231A1.html
  • (``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 and circumstances surrounding this matter, we find that Globcom is apparently liable for a total forfeiture of $806,861. We further order Globcom to submit within 30 days, either as part of a response to
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2852A1.html
  • 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 of
• 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 hereto
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3983A1.html
  • West Monroe, 8th Floor Mailroom, Chicago, IL 60661. Payment by wire transfer may be made to ABA Number 071000013, receiving bank Bank One, and account number 1165259. 18. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. 54.711, BigZoo.com Corporation shall fully respond to the October 15, 2004, Letter of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. 19. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief, Investigations and Hearings Division,
• http://transition.fcc.gov/eb/Orders/2004/DA-04-657A1.html
  • 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 the
• http://transition.fcc.gov/eb/Orders/2004/DOC-244194A1.html
  • 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 also put BOI, BUZZ and/or U.S. Bell/LINK on notice that the Commission could order a forfeiture for the failure to make required universal service contributions and a forfeiture of as much as $10,000 for each failure to file required TRS contributions and for each failure to file Telecommunications Reporting Worksheets.13
• http://transition.fcc.gov/eb/Orders/2005/DA-05-1907A1.html
  • 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 15. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. 54.711, QuickLink Telecom, Inc., shall fully respond to the October 15, 2004, Letter of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. 16. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief, Investigations and Hearings
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2485A1.html
  • 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 conclude
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2989A1.html
  • 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 the
• http://transition.fcc.gov/eb/Orders/2005/DA-05-3192A1.html
  • 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 16. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. 54.711, Blackstone Calling Card, Inc., shall fully respond to the October 2004 and June 2005 Letters of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. 17. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief,
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-145A1.html
  • the facts and circumstances surrounding this matter we conclude that this company is apparently liable for a total forfeiture of $819,905. 2. We specifically find that InPhonic, Inc. (``InPhonic'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until January 2005.1 We also find that InPhonic has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2004.2 Finally, we find that InPhonic has apparently violated section 254(d) of the Communications Act 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
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-146A1.html
  • the facts and circumstances surrounding this matter, we conclude that Teletronics is apparently liable for a total forfeiture of $692,000. 2. Specifically we find Teletronics has apparently violated sections 64.1195(a) of the Commission's rules by willfully and repeatedly failing to register with the Commission from April 2, 2001 to the current date.1 We also conclude that Teletronics has apparently violated 54.711(a), 64.604(c)(5)(iii)(B), and 52.17(b) of our rules by failing to submit certain Telecommunications Reporting Worksheets from 1999 to the current date. 2 We further find that Teletronics has apparently violated 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
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-147A1.html
  • amended (the ``Act''),1 and with the exception of a few isolated acts of post-investigative compliance, this carrier continues a pattern of egregious non- compliance. Based upon the facts and circumstances surrounding this matter we conclude that this company is apparently 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
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-156A1.html
  • upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 18See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice, 18 FCC Rcd 11442 (Wir. Comp. Bur. 2003) (``Contribution payments are due on the date shown on the [USAC] invoice.'') The
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-157A1.html
  • upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 8See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice, 18 FCC Rcd 11442 (Wir. Comp. Bur. 2003) (``Contribution payments are due on the date shown on the [USAC] invoice.'') The
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
  • programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to the universal service program. Based upon the facts and circumstances surrounding this matter we conclude that this company 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
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
  • circumstances surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $529,300. 2. We specifically find that Telecom House, Inc. (``Telecom House'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until September 2004.1 We also find that Telecom House has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2001 to 2005.2 Finally, we find that Telecom House has apparently violated section 254(d) of the 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
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
  • Based upon the facts and circumstances surrounding this matter we conclude that this carrier is apparently liable for a total forfeiture of $462,638. 2. We specifically find that CSII has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until February 2005.1 We also find that CSII has apparently violated section 54.711(a) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2005.2 Finally, we find that CSII has apparently violated section 254(d) of the Communications Act of 1934, 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
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-186A1.html
  • this matter, we conclude that this company is apparently liable for a total forfeiture of $236,774. 2. We specifically find that Global Teldata II, LLC (``Global Teldata'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until November 17, 2004.1 We also find that Global Teldata has apparently violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004.2 Finally, we find that Global Teldata has apparently violated section 254(d) of 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'')
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1063A1.html
  • 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 on
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1063A2.html
  • 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 254(d)
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1176A1.html
  • 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) of
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  • Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 14. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. SS 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. S 54.711, Universal Telecommunications, Inc., shall fully respond to the August 2005 and October 2005 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. 15. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport,
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1512A1.html
  • 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 absence
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2451A1.html
  • 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 absence
• http://transition.fcc.gov/eb/Orders/2006/DA-06-933A1.html
  • Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 15. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. SS 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. S 54.711, Unicom Communications, L.L.C. shall fully respond to the October 28, 2004 Letter of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. 16. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief, Investigations and
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-127A1.html
  • we find Local Phone Services, Inc., d/b/a Best Phone ("LPSI"), a telecommunications carrier that has been operating and at least indirectly benefiting from federal programs supporting the telecommunications industry for over two years, apparently failed to meet 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
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-135A1.html
  • 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 the
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-136A1.html
  • 20, 2004 Letter"), Response to Inquiry 5. 47 U.S.C. S 254(d). 47 C.F.R. SS 54.706, 54.709. 47 C.F.R. SS 1.1154, 1.1157(b)(1). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See 47 C.F.R. S 54.709(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration (in CC Docket No. 96-45), Eighth Report and Order (in CC Docket No. 96-45), and Sixth Report and Order (in CC Docket No. 96-262), 15 FCC Rcd 1679, 1687, P 18 (1999); Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-138A1.html
  • that must contribute to the fund. See 47 C.F.R. S 54.706(a)(3), (16). 47 U.S.C. S 254(d). 47 C.F.R. SS 54.706, 54.709. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See 47 C.F.R. S 54.709(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration (in CC Docket No. 96-45), Eighth Report and Order (in CC Docket No. 96-45), and Sixth Report and Order (in CC Docket No. 96-262), 15 FCC Rcd 1679, 1687, P 18 (1999); Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-49A1.html
  • or a Commission rule. 17. As discussed below, we find by a preponderance of the evidence that Globcom has willfully and repeatedly 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 failing to contribute to the universal service and the TRS funds. In addition, we find that Globcom willfully and repeatedly violated section 54.711(a) of the Commission's rules by failing to file complete and accurate interstate and international revenue information. We credit Globcom's argument that there should be a downward adjustment in the forfeiture amount because USAC has amended its invoices since the date of the Globcom NAL to reflect a lower outstanding debt for the relevant period based on additional and revised revenue
• http://transition.fcc.gov/eb/Orders/2007/DA-07-3411A1.html
  • No. EB-06-IH-2307 Communications Options, Inc. ) NAL/Acct. No. 200732080031 Apparent Liability for Forfeiture ) FRN No. 0003735230 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 26, 2007 Released: July 27, 2007 By the Chief, Enforcement Bureau: I. INtroduction 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Communications Options, Inc., ("COI"), has apparently violated section 54.711(a) of the Federal Communications Commission's (the "Commission" or "FCC") rules by willfully and repeatedly failing to maintain records and documentation to justify information reported in its Telecommunications Reporting Worksheets ("Worksheets") and provide the records and documentation to the Commission upon request. We further find that COI apparently violated a Commission order issued pursuant to sections 4(i), 4(j), 218 and 403
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4012A1.html
  • 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. 3.
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4016A1.html
  • wire transfer may be made to: ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6229. The payment should note the NAL/Acct. No. reference above. 13. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. S: 54.711, Liberty Phones, Inc., shall fully respond to the May 31, 2007 and July 17, 2007 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. 14. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to Hillary
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4019A1.html
  • wire transfer may be made to: ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6229. The payment should note the NAL/Acct. No. reference above. 12. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. S: 54.711, Ultimate Medium Communications Corporation, shall fully respond to the June 14, 2007 and July 19, 2007 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. 13. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-122A1.html
  • 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 the
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-165A1.html
  • earlier proceeding determined that BOI (a) failed to make required universal service contributions in violation of Section 254(d) of the Act and Section 54.706 of the Commission's rules; (b) failed to make required contributions to the Telecommunications Relay Services Fund in violation of Section 64.604(c)(5)(iii)(A) of the Commission's rules; and (c) failed to file Telecom ReportingWorksheets in violation of Sections 54.711, 54.713 and 64.604(c)(iii)(B) of the Commission's rules. Consequently, with respect to the range of sanctions relating to violations of the Consent Decree, it shall be determined whether the Kintzel brothers are subject to a forfeiture in an amount not to exceed $1,538,533.52. 19. In addition to issues relating to compliance with the Consent Decree, issues are also specified below to
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-57A1.html
  • 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 absence
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-58A1.html
  • 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 Relay Service ("TRS") Fund. The Further Notice of Apparent Liability for Forfeiture finds that InPhonic apparently is in violation of section 214(a) of the Act, and section 63.18 of the Commission's rules, by
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-59A1.html
  • Order of Forfeiture, we assess a monetary forfeiture of $236,774 against Global Teldata II, LLC ("Global Teldata"). Following the Notice of Apparent Liability and Order the Commission issued on October 31, 2005, we find that Global Teldata willfully and repeatedly violated section 64.1195 of the Commission's rules by failing to register with the Commission until November 17, 2004, and section 54.711(a) of those rules by failing to submit certain Telecommunications Reporting Worksheets ("Worksheets") prior to November 17, 2004. In addition, we find that Global Teldata willfully and repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section 54.706(a) of the Commission's rules by failing to contribute to the Universal Service Fund ("USF") in 2004 and
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-73A1.html
  • will 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. 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;
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1178A1.html
  • 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 hereto
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1322A1.html
  • 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 before
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1336A1.html
  • 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 hereto
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2551A1.html
  • 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 the
• http://transition.fcc.gov/eb/Orders/2008/DA-08-548A1.html
  • Inc. ) NAL/Acct. No. 200732080031 Apparent Liability for Forfeiture ) FRN 0003735230 ) ) ORDER OF FORFEITURE Adopted: March 13, 2008 Released: March 13, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order of Forfeiture ("Order"), we assess a monetary forfeiture of $65,000 against Communications Options, Inc. ("COI"). We find that COI willfully and repeatedly violated section 54.711(a) of the Federal Communications Commission's (the "Commission" or "FCC") rules by failing to maintain records and documentation to justify information reported in its Telecommunications Reporting Worksheets ("Worksheets") and provide the records and documentation to the Commission upon request. Further, we find that COI willfully and repeatedly violated a Commission order issued pursuant to sections 4(i), 4(j), 218 and 403 of
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-116A1.html
  • EB-05-IH-2348 ) Telrite Corporation NAL/Acct. No. 200832080084 ) Apparent Liability for Forfeiture FRN No. 0007-9604-20 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE & ORDER Adopted: April 16, 2008 Released: April 17, 2008 By the Commission: I. INtroduction 1. In this 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
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-130A1.html
  • May 15, 2008 Released: May 19, 2008 By the Commission: I. INTRODUCTION 1. In this Order of Forfeiture, we impose a forfeiture of $436,765 against Local Phone Services, Inc., d/b/a Best Phone ("LPSI"). The Order of Forfeiture 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
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-270A1.html
  • 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 the
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-96A1.html
  • Order in CC Docket No. 96-262, 15 FCC Rcd 1679, 1687, P: 18 (1999); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Board on Universal Service, Second Order on Reconsideration, 12 FCC Rcd 22423, 22425, P: 3 (1997). Carriers must pay by the date shown on the invoice from the Administrator. 47 C.F.R. S: 54.711(a) ("The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made."). See, e.g., "Proposed Second Quarter 2006 Contribution Factor," Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) ("Contribution payments are due on the date shown on the invoice."). See also
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-97A1.html
  • 19954, P: 17 (2000); Interim Contribution Order, 17 FCC Rcd at 24971-72, P: 35; Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Board on Universal Service, Second Order on Reconsideration, 12 FCC Rcd 22423, 22425, P: 3 (1997). Carriers must pay by the date shown on the invoice from the Administrator. 47 C.F.R. S: 54.711(a) ("The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and dates by which payments must be made.") See, e.g., "Proposed Second Quarter 2006 Universal Service Contribution Factor," Public Notice, 21 FCC Rcd 2379, 2381 (Wireline Comp. Bur. 2006) ("Contribution payments are due on the date shown on the [administrator]
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1073A1.html
  • U.S.C. S: 154(i). 47 C.F.R. S:S: 0.111, 0.311. 47 U.S.C. S: 254; 47 C.F.R. S: 54.706. See Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission to John Patton, CEO, Supra Telecommunications & Information Systems Acquisitions Corp., issued June 26, 2008 ("June 26, 2008 LOI"). 47 U.S.C. S: 254(d); 47 C.F.R. S:S: 54.706, 54.711, 54.713. See June 26, 2008 LOI. See Letter from Douglas D. Orvis II, Bingham McCutchen LLP, to Marlene H. Dortch, Secretary, FCC, Attn: Michele Levy Berlove, Attorney Advisor, Investigations & Hearings Division, Enforcement Bureau, FCC, dated August 11, 2008 ("LOI Response"). Federal Communications Commission DA 09-1073 2 2 Federal Communications Commission DA 09-1073 Federal Communications Commission DA 09-1073 6 Federal
• http://transition.fcc.gov/eb/Orders/2009/DA-09-740A1.html
  • 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 facts before
• 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 obtain
• http://transition.fcc.gov/eb/Orders/2010/DA-10-1290A1.html
  • 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 AllCom,
• http://transition.fcc.gov/eb/Orders/2010/DA-10-672A1.html
  • 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 Local Phone
• http://transition.fcc.gov/eb/Orders/2010/DA-10-692A1.html
  • 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 499-A
• http://transition.fcc.gov/eb/Orders/2010/DA-10-912A1.html
  • 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, 2008, the
• http://transition.fcc.gov/eb/Orders/2010/DA-10-913A1.html
  • 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 Commission's
• http://transition.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
  • 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 of $800,700.
• http://transition.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
  • by some providers to pay their share into the USF skews the playing field by giving them an economic advantage over their competitors, who must then shoulder more than their fair share of the costs of universal service. 4. The Commission has established specific procedures for the administration of the USF and other associated federal regulatory programs. Pursuant to section 54.711(a) of the Commission's rules, a carrier is required to file FCC Form 499-A, also known as the annual Telecommunications Reporting Worksheet ("annual Worksheet" or "Form 499-A"), for the purpose of determining its USF, Telecommunications Relay Services Fund ("TRS Fund"), Local Number Portability ("LNP"), and North American Numbering Plan ("NANP") administration and regulatory fee payments, and, with certain exceptions, to file
• 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 499-A
• http://transition.fcc.gov/eb/Orders/2011/FCC-11-42A1.html
  • 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 recovery
• http://transition.fcc.gov/eb/Orders/2012/DA-12-267A1.html
  • 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 Act,
• http://transition.fcc.gov/eb/Orders/2012/DA-12-612A1.html
  • 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. A
• http://transition.fcc.gov/eb/Orders/2012/FCC-12-38A1.html
  • relay services. Pursuant to Section 64.604(c)(5)(iii)(A) of the Commission's rules, every provider of interstate or international telecommunications services must contribute to the TRS Fund based upon its end-user revenues. 6. The Commission has established specific procedures for administration of the TRS Fund and other associated federal regulatory programs. These include the requirement that each telecommunications provider file, pursuant to Section 54.711(a) of the Commission's rules, accurate company-specific revenue data on Form 499-A annually. The information reported on Form 499-A is used to determine the telecommunications provider's payment obligations to the TRS Fund and other regulatory programs. These periodic filings trigger a determination of liability, if any, and subsequent billing and collection by the entities that administer the regulatory programs. Providers must
• http://transition.fcc.gov/eb/Orders/da001746.doc http://transition.fcc.gov/eb/Orders/da001746.txt
  • COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4), 54.709(d). 47 C.F.R. § 54.713. NATN's Chief Financial Officer, Ron Levitt, certified that the Worksheet was accurate. Letter from David H. Solomon, Chief, Enforcement Bureau, to North American Telephone Network dated February 16, 2000. Letter from Kay P. Shihata, CPA, Accounting Manager,
• http://transition.fcc.gov/eb/Orders/fcc00261.doc http://transition.fcc.gov/eb/Orders/fcc00261.txt
  • 75001. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4), 54.709(d). 47 C.F.R. § 54.713. Letter from David H. Solomon, Chief, Enforcement Bureau, to Intellicall Operator Services dated February 16, 2000. Letter from George M. Trevino, Corporate Controller, to James W. Shook, Investigations and Hearings Division, Enforcement Bureau dated March 10, 2000.
• http://transition.fcc.gov/eb/Orders/fcc00262.doc http://transition.fcc.gov/eb/Orders/fcc00262.txt
  • 20037. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4), 54.709(d). 47 C.F.R. § 54.713. Letter from David H. Solomon, Chief, Enforcement Bureau, to Matrix Telecom, Inc. dated February 16, 2000. Letter from Thomas K. Crowe, Esq., counsel for Matrix to David H. Solomon, Chief, Enforcement Bureau, dated March 10, 2000. Letter
• http://transition.fcc.gov/eb/Orders/fcc00276.doc http://transition.fcc.gov/eb/Orders/fcc00276.txt
  • Little. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4-5). 47 C.F.R. § 54.713. USAC's records reflect a total of 17 contacts or attempted contacts between March 1998 and February 2000. Letter from David H. Solomon, Chief, Enforcement Bureau, to America's Tele-Network Corp. dated February 16, 2000. Letter from Charles H. Helein,
• http://transition.fcc.gov/eb/Public_Notices/DA-04-437A2.html
  • 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 the Commission's rules (Issue i). In addition, if it were shown that BOI, Buzz and/or U.S. Bell willfully or repeatedly violated the provisions of the Act or the Commission's rules noted above, then it would further be determined whether a forfeiture, in the amount of $115,533.52 for the failures to make required universal service contributions, $10,000
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.wp
  • Portability 12. In the 1996 Act, Congress stated that all local exchange carriers have the duty to provide number portability in accordance with requirements prescribed by the Commission.32 Local number portability (LNP) allows customers to retain their telephone 96-45, DA 98-1336 (rel. July 15, 1998). 26 Universal Service Order , 12 FCC Rcd at 9206-07. 27 See 47 C.F.R. § 54.711. 28 Pub. L. No. 101-336, § 401, 104 Stat. 327, 366-69 (adding section 225 to the Communications Act of 1934, as amended, 47 U.S.C. § 225). 29 47 U.S.C. § 225(d)(3)(B). 30 47 C.F.R. § 64.601 et seq. See Telecommunications Relay Services and the Americans With Disabilities Act of 1990 , Third Report and Order, FCC 93-357, CC Docket No.
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2000/fcc00359.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit w w w Before the Federal Communications Commission Washington, DC 20554 In the Matters of ) ) Federal-State Joint Board on ) CC Docket No. 96-45 Universal Service ) ) Petition for Forbearance from ) Enforcement of Sections 54.709 and 54.711 ) of the Commission's Rules by ) ) Operator Communications, Inc. ) d/b/a Oncor Communications, Inc. ) further Notice of proposed rulemaking and ORder Adopted: October 2, 2000 Released: October 12, 2000 Comment Date: 21 days after publication in the Federal Register Reply Comment Date: 35 days after publication in the Federal Register By the Commission: INTRODUCTION In this Further
• 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
  • affecting universal service. For purposes of this Notice, the term "carrier" is synonymous with all filers of universal service contribution worksheets. Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (the Act). The 1996 Act amended the Communications Act of 1934. 47 U.S.C. §§ 151, et seq. 47 U.S.C. § 254. See 47 C.F.R. §§ 54.706, 54.709, 54.711. For purposes of this Order and unless otherwise stated, the term ``end-user revenues'' shall refer to a contributor's interstate and international end-user telecommunications revenues. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9199, para. 829, 9211, para. 855 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum, CC
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.wp
  • international end-user telecommunications revenues. The Commission shall approve the Administrator's, the Schools and Libraries Corporation's, and the Rural Health Care Corporation's quarterly projected costs of universal service support programs, taking into account demand for support and administrative expenses. The total subject revenues shall be compiled by the Administrator based on information contained in the Universal Service Worksheets described in § 54.711(a). (3) Total projected expenses for universal service support programs for each quarter must be approved by the Commission before they are used to calculate the quarterly contribution factors and individual contributions. For each quarter, the High Cost and Low Income Committee or the permanent Administrator once the permanent administrator is chosen and the Schools and Libraries and Rural Health Care
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97292.html http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97292.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97292.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97292.wp
  • rule as set forth in Appendix A to state that the TRS Fund data also may be used by USAC, NECA, to the extent that it is acting on behalf of USAC, and the permanent universal service Administrator, for the purpose of verifying revenue information provided by contributors to the universal service support mechanisms. We further propose to amend section 54.711(b)[44]^(41) to clarify that, except as specified here, the duty of NECA, USAC, and the permanent Administrator to keep confidential all data obtained from universal service contributors, not to use such data except as provided in the proposed rule amendment, and not to disclose the information in company-specific form unless directed to do so by the Commission extends to data obtained
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99175.pdf
  • are also required under the Commission's rules to report and contribute to most, if not all, of the four mechanisms. 17 See 47 C.F.R. § 64.604(c)(4)(iii)(B). See also Telecommunications Relay Services and the Americans With Disabilities Act of 1990, Order, DA 98-2481, CC Docket No. 90-571 (rel. Dec. 2, 1998) (1999 TRS Fund Worksheet Order). 18 See 47 C.F.R. § 54.711. See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc. and Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Docket Nos. 97-21 and 96-45, FCC 97-253, 12 FCC Rcd 18400, 18442 (rel. July 18, 1997) (Universal Service Second Order on Reconsideration) (releasing Universal Service Worksheet); Common Carrier Bureau
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00118.doc
  • (1997) (Second Order on Reconsideration). An explanation of the Commission's contribution factor is contained in section 54.709(a) of the Commission's rules, which was recently amended to comply with the Fifth Circuit's decision. 47 C.F.R. § 54.709(a). See note 6, supra. 47 C.F.R. § 54.709(a). Id. Second Order on Reconsideration, 12 FCC Rcd 18400, Appendix B. See also 47 C.F.R. § 54.711(a) ("Contributions shall be calculated and filed in accordance with the Universal Service Worksheet. The Universal Service Worksheet sets forth information that the contributor must submit to the Administrator [(USAC)] on a semi-annual basis. . . . ."). The Commission adopted the 1997 Worksheet and attached it as Appendix C to the Second Order on Reconsideration. The 1997 Worksheet was adopted
• 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, and
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01051.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01051.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc. ) ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 Adopted: February 9, 2001 Released: February 13, 2001 By the Commission: Commissioner Furchtgott-Roth issuing a separate statement. introduction In this Order, we deny the petition of Operator Communications, Inc. d/b/a Oncor Communications, Inc.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01085.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01085.txt
  • 1). Carriers will continue to receive annual true-ups when they file their Forms 499-A in April of each year. USAC will file projected program demand data at least 60 days prior to the start of a quarter and total contribution base revenue data at least 30 days prior to the start of a quarter. The Commission delegates authority under section 54.711(c) to the Common Carrier Bureau to take whatever additional steps are necessary to implement the contribution methodology adopted herein. In addition, the Commission directs USAC and the other fund administrators to devise an appropriate cost allocation plan for the additional costs for collecting, validating, and distributing the contributor data provided in the Form 499-Q. procedural matters Paperwork Reduction Act The
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01146.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01146.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01146.txt
  • publishes such definition in the Federal Register." 15 U.S.C. § 632. See, e.g., Brown Transport Truckload, Inc. v. Southern Wipers, Inc., 176 B.R. 82 (N.D. Ga. 1994). 13 C.F.R. § 121.201. 13 C.F.R. § 121.210, SIC Code 4813. See Industry Analysis Division, Federal Communications Commission, Trends in Telephone Service, Tbl. 5.3 (Dec. 2000) (Trends in Telephone Service); 47 C.F.R. § 54.711 et seq. Trends in Telephone Service, Table 5.3 ALLTEL Comments at 4. See, e.g., ALTS Comments at 35 (``mandatory detariffing could be very costly for CLECs''). . We note that many CLECs sought action from the Commission precisely because IXCs threatened to cut off traffic and had stopped paying for CLEC switched access services. See RICA Comments at 21. See,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01268.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01268.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit - - - - - - Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service Petition of Federal Transtel, Inc. for Waiver of the Universal Service Fund Contribution Requirements Under Sections 54.703, 54.709, and 54.711 of the Commission's Rules ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 AND ORDER ON RECONSIDERATION Adopted: September 18, 2001 Released: September 20, 2001 By the Commission: introduction In this Order, we deny the request of Federal Transtel, Inc. (Federal Transtel) to waive or reconsider the Commission's rules and permit Federal Transtel to recalculate
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972623.html http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972623.txt http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972623.wp
  • Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96-45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6. NECA Report and Order at para. 57. 7. NECA Report and Order at para. 47. 8. NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9. NECA Report and Order at para. 48. 10. Proposed First Quarter Universal Service Contribution Factors, Public Notice, DA 97-2392 (rel. Nov. 13, 1997). On November 19, 1997, AT&T filed comments on the November 13th Public Notice. See Letter from Rick D. Bailey, AT&T, to Magalie Roman Salas, FCC, dated November 19, 1997. 11. 47 C.F.R. 54.709(a)(3). 12. Extended Review
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/cr980413.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/cr980413.txt http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/cr980413.wp
  • Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96- 45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6 NECA Report and Order at para. 57. 7 NECA Report and Order at para. 47. 8 NECA Report and Order at paras. 43-48. See also 47 C.F.R. §§ 54.709(a)(2), (3), and 54.711(b). 9 NECA Report and Order at para. 48. 10 Federal-State Joint Board on Universal Service, Third Order on Reconsideration, CC Docket 96-45, FCC 97- 411 (rel. Dec. 16, 1997). 11 First Quarter 1998 Universal Service Contribution Factors Revised and Approved, Public Notice, DA 97- 2623 (rel. December 16, 1997). 2 On July 18, 1997, the Commission released an Order directing
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980413.html
  • Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96-45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6. NECA Report and Order at para. 57. 7. NECA Report and Order at para. 47. 8. NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9. NECA Report and Order at para. 48. 10. Federal-State Joint Board on Universal Service, Third Order on Reconsideration, CC Docket 96-45, FCC 97-411 (rel. Dec. 16, 1997). 11. First Quarter 1998 Universal Service Contribution Factors Revised and Approved, Public Notice, DA 97-2623 (rel. December 16, 1997). 12. Because this table lists expenses, positive income flows are denoted with parentheses.
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981098.pdf
  • Joint Board on Universal Service, Report and Order, 12 FCC Rcd 8776, 9173 at ¶ 777 (rel. May 8, 1997) (Report and Order), consolidated appeals pending sub nom. Texas Office of Public Utility Counsel v. FCC, Civ. No. 97-60421 (5th Cir.); 47 C.F.R. § 54.703. 2 Report and Order ¶ 780; 47 C.F.R. § 54.703. 3 47 C.F.R. §§ 54.709, 54.711. News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 DA 98-1098 Released: June 9, 1998 MOBILETEL, INC. PETITION FOR PARTIAL WAIVER PLEADING CYCLE ESTABLISHED CC Docket No. 96-45 Comment Date: June 23, 1998 Reply Comment Date: June 30, 1998 In the May 8, 1997
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.txt http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.wp
  • authority to direct the performance of audits of schools and libraries and rural health care provider beneficiaries of universal service support.19 The Commission also oversees the structure and content of the annual independent audit that USAC, SLC and RHCC are required to 20 47 C.F.R. § 69.621. 21 47 U.S.C. §§ 503(b)(1)(B) and (2)(C). 22 18 U.S.C. § 1001. Section 54.711(a) of the Commission's rules, 47 C.F.R. § 54.711(a), provides, inter alia, that "[i]naccurate or untruthful information contained in the Universal Service Worksheet may lead to prosecution under the criminal provisions of Title 18 of the United States Code." Similarly, section 54.713 of the Commission's rules, 47 C.F.R. § 54.713, provides, inter alia, that "[f]ailure to file the Universal Service Worksheet
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981871.pdf
  • FCC and USA, No. 98-60213 (5th Cir. 1998); Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, FCC 98-120 (rel. June 22, 1998); Federal-State Joint Board on Universal Service, Order and Order on Reconsideration, CC Docket No. 96-45, FCC 98-160 (rel. July 17, 1998). 2 47 C.F.R. §§ 54.709, 54.711. 2 Contributions to the universal service support mechanisms must be based in part on contributors' end-user telecommunications revenues from the previous year.2 Network Operator Services, Inc. (NOS) is an interstate telecommunications carrier. It has experienced a reduction in its end-user revenues. As a result, on August 28, 1998, NOS filed a petition requesting authority to calculate its contribution on the
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981872.pdf
  • interstate telecommunications carriers, payphone providers, and others which provide interstate telecommunications service for a fee to contribute to the Universal Service Funds.1 Carriers that provide only international telecommunications service are not required to contribute to the universal service support mechanisms. By letter dated July 23, 1998, RealWorld Advanced Technology Inc. (RealWorld) requested that the Commission waive sections 54.705, 54.707, 54.709, 54.711, and 2 See 47 C.F.R. §§ 54.705, 54.707, 54.709, 54.711, and 54.713. 2 54.713 of the Commission's rules.2 RealWorld is a reseller of international telecommunications service. RealWorld states that more than 99 percent of its calls originate and terminate abroad, and the remainder terminate in the United States. RealWorld seeks waiver of the rules in order to contribute directly to
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da000471.pdf
  • mechanisms for numbering administration and local number portablity need only file the Telecommunications Reporting Worksheet for the purpose of determining their contributions to these mechanisms.2 As an attachment to that order, we released the initial version of the Telecommunications Reporting Worksheet. On July 30, 1999, a three-judge panel of the United States Court of 1 47 C.F.R. §§ 52.1(b), 52.32(b), 54.711(a), 64.604(c)(4)(iii)(B). See also 47 C.F.R. § 1.47(h) (requiring every common carrier to file information concerning their designated agents pursuant to the Telecommunications Reporting Worksheet). 2 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, Report and Order, FCC 99-175, CC Docket
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da001735.doc
  • for their filings due on September 1, 2000. Copies of the September 2000 Worksheet (FCC Form 499-S) and instructions may be downloaded from the Commission's Forms Web Page (www.fcc.gov/formpage.html). Copies also may be obtained by calling the fax-on-demand line at (202) 418-2830. Finally, copies may be obtained from the National Exchange Carrier Association (NECA) at (973) 560-4400. 47 C.F.R. § 54.711(a). 47 C.F.R. § 54.708. 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, Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 1999) (Contributor Reporting Requirements Order) (also adopting an April version of the worksheet that will be
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/499s-pn.pdf
  • sources [sum of above] Block 4: CERTIFICATION: to signed by an officer of the filer 118I certify that the revenue data contained herein is privileged and confidential and that public disclosure of such information, would likely cause substantial harm to the competitive position of the company. I request nondisclosure of the revenue information contained herein pursuant to Sections 0.459, 52.17, 54.711 and 64.604 of the Commission's Rules. I certify that I am an officer of the above-named reporting entity, that I have examined the foregoing report and to the best of my knowledge, information and belief, all statements of fact contained in this Worksheet are true and that said Worksheet is an accurate statement of the affairs of the above-named company
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr03-1.pdf
  • filers are not available to the public. Program Requirements and Contribution Factors Carriers make payments into the universal service mechanism based on their interstate and international end-user revenues. Carriers report their revenue data to USAC, which tabulates the 12 See Telecommunications Industry Revenues 2001 for a comparison with the funding bases used for TRS, NANP, and LNP. 13 47 C.F.R. §54.711(b). 1 -6 data, and reports it to the Commission. The Commission reviews program requirements and revenue data, and then determines the appropriate contribution factor. The Commission's Wireline Competition Bureau (formerly known as the Common Carrier Bureau) then releases a public notice stating the proposed contribution factor for the upcoming quarter. If, after 14 days, the Commission takes no action regarding
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr04-1.pdf
  • result of circularity and other reasons, carriers imposed markups greater than the adopted factors. To address this issue, the Commission twice changed the universal service contribution methodology. The first change reduced each carrier's contribution base by the amount that the carrier paid into USF during the prior quarter.15 The line item "Circularity Adjustment" in Table 1.10 accounts 14 47 C.F.R. §54.711(b). 15 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
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs02-0.pdf
  • after 14 days, the Commission takes no action regarding the proposed contribution factor, the factor becomes final. On March 9, 2001, the Commission adopted a plan that modified the methodology used to determine payments that carriers make to the federal universal support mechanisms.13 The revised methodology requires carriers to file revenue information quarterly rather than semiannually.14 The 12 47 C.F.R. §54.711(b). 13 See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, CC Docket No. 96-45, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001). 14 Before the change, carriers filed revenue information twice a year. Carriers filed first half- 1 -6 Commission sets the contribution factors based on the quarterly revenue information. Contribution factors
• http://www.fcc.gov/Bureaus/Enforcement/Notices/2000/fcc00261.doc
  • 75001. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4), 54.709(d). 47 C.F.R. § 54.713. Letter from David H. Solomon, Chief, Enforcement Bureau, to Intellicall Operator Services dated February 16, 2000. Letter from George M. Trevino, Corporate Controller, to James W. Shook, Investigations and Hearings Division, Enforcement Bureau dated March 10, 2000.
• http://www.fcc.gov/Bureaus/Enforcement/Notices/2000/fcc00262.doc
  • 20037. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4), 54.709(d). 47 C.F.R. § 54.713. Letter from David H. Solomon, Chief, Enforcement Bureau, to Matrix Telecom, Inc. dated February 16, 2000. Letter from Thomas K. Crowe, Esq., counsel for Matrix to David H. Solomon, Chief, Enforcement Bureau, dated March 10, 2000. Letter
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001746.doc
  • COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4), 54.709(d). 47 C.F.R. § 54.713. NATN's Chief Financial Officer, Ron Levitt, certified that the Worksheet was accurate. Letter from David H. Solomon, Chief, Enforcement Bureau, to North American Telephone Network dated February 16, 2000. Letter from Kay P. Shihata, CPA, Accounting Manager,
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00276.doc
  • Little. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4-5). 47 C.F.R. § 54.713. USAC's records reflect a total of 17 contacts or attempted contacts between March 1998 and February 2000. Letter from David H. Solomon, Chief, Enforcement Bureau, to America's Tele-Network Corp. dated February 16, 2000. Letter from Charles H. Helein,
• http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl000428.doc http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl000428.html
  • 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. 99-331/RM 9848). Reply
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd991014.html
  • 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). CCB Internet URL:
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2001/dd010920.html
  • as timely filed within the filing window. (Dkt No. 96-45, 97-21). Action by: By the Deputy Chief, Accounting Policy Division. Adopted: 09/19/2001 by ORDER. (DA No. 01-2185). CCB [12]DA-01-2185A1.doc [13]DA-01-2185A1.pdf [14]DA-01-2185A1.txt IN THE MATTER OF FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE; PETITION OF FEDERAL TRANSTEL, INC., FOR WAIVER OF THE UNIVERSAL SERVICE FUND CONTRIBUTION REQUIREMENTS UNDER SECTIONS 54.703, 54.709, AND 54.711. Denied the Petition for Waiver or Reconsideration filed July 20, 1999 by Federal Transtel, Inc.. (Dkt No. 96-45). Action by: The Commission. Adopted: 09/18/2001 by MO&O. (FCC No. 01-268). CCB. Contact Katherine Schroder [15]FCC-01-268A1.doc [16]FCC-01-268A1.pdf [17]FCC-01-268A1.txt IN THE MATTET OF CROSS-OWNERSHIP OF BROADCAST STATIONS AND NEWSPAPERS; AND NEWSPAPER/RADIO CROSS-OWNERSHIP WAIVER POLICY. Seek to examine our cross-ownership policies in the context
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020417.html
  • its Mathews County, Virginia antenna. Action by: Chief, Enforcement Bureau. Adopted: 04/15/2002 by MO&O. (DA No. 02-878). EB [31]DA-02-878A1.doc [32]DA-02-878A1.pdf [33]DA-02-878A1.txt FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE AT&T WIRELESS SERVICES, INC PEITTION FOR WAIVER OF SECTION 54.3711(A) OF THE COMMISSION'S RULES AND REGULATIONS. Granted the request to withdraw the petition for waiver. Dismissed without prejudice petition for waiver of section 54.711(a) of the Commission's rules and regulations. (Dkt No. 96-45). Action by: Deputy Chief, Telecommunications Access Policy. Adopted: 04/16/2002 by ORDER. (DA No. 02-869). WCB [34]DA-02-869A1.doc [35]DA-02-869A1.pdf [36]DA-02-869A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED APRIL 16, 2002, DID NOT APPEAR IN DIGEST NO. 73: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 04/16/2002. AUCTION OF LICENSES IN THE 698-746 MHZ BAND SCHEDULED FOR
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090401.html
  • 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 64.604(c)(5)(iii)(B) of
• http://www.fcc.gov/Forms/Form499-A/499a-2000.pdf
  • entity is exempt from contributing to: Universal Service TRS NANPA LNP Administration Provide explanation below: 604I certify that the revenue data contained herein is privileged and confidential and that public disclosure of such information would likely cause substantial harm to the competitive position of the company. I request nondisclosure of the revenue information contained herein pursuant to Sections 0.459, 52.17, 54.711 and 64.604 of the Commission's Rules. I certify that I am an officer of the above-named reporting entity, that I have examined the foregoing report and to the best of my knowledge, information and belief, all statements of fact contained in this Worksheet are true and that said Worksheet is an accurate statement of the affairs of the above-named company
• http://www.fcc.gov/Forms/Form499-A/499a-2001.pdf
  • 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 every
• http://www.fcc.gov/Forms/Form499-A/499a-2002.pdf
  • entity is exempt from contributing to: Universal Service TRS NANPA LNP Administration Provide explanation below: 604I certify that the revenue data contained herein are privileged and confidential and that public disclosure of such information would likely cause substantial harm to the competitive position of the company. I request nondisclosure of the revenue information contained herein pursuant to Sections 0.459, 52.17, 54.711 and 64.604 of the Commission's Rules. I certify that I am an officer of the above-named reporting entity, that I have examined the foregoing report and, to the best of my knowledge, information and belief, all statements of fact contained in this Worksheet are true and that said Worksheet is an accurate statement of the affairs of the above-named company
• http://www.fcc.gov/Forms/Form499-A/499a-2003.pdf
  • entity is exempt from contributing to: Universal Service TRS NANPA LNP Administration Provide explanation below: 604I certify that the revenue data contained herein are privileged and confidential and that public disclosure of such information would likely cause substantial harm to the competitive position of the company. I request nondisclosure of the revenue information contained herein pursuant to Sections 0.459, 52.17, 54.711 and 64.604 of the Commission's Rules. I certify that I am an officer of the above-named reporting entity, that I have examined the foregoing report and, to the best of my knowledge, information and belief, all statements of fact contained in this Worksheet are true and that said Worksheet is an accurate statement of the affairs of the above-named company
• http://www.fcc.gov/Forms/Form499-A/499a-2004.pdf
  • 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. §§ 54.706,
• http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf
  • 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 a
• http://www.fcc.gov/Forms/Form499-A/499a-2007.pdf
  • 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 a
• http://www.fcc.gov/Forms/Form499-A/499a-2008.pdf
  • 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. 47
• http://www.fcc.gov/Forms/Form499-A/499a-2009.pdf
  • 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. 47
• http://www.fcc.gov/Forms/Form499-A/499a-2010.pdf
  • 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. 47
• http://www.fcc.gov/Forms/Form499-A/499a-2011.pdf
  • the Federal Communications Commission.6 II. Filing Requirements and General Instructions A. Who Must File With very limited exceptions, all intrastate, interstate, and international providers of telecommunications in the United States7 must file this Worksheet.8 Telecommunications providers that are contributors to (continued . . .) 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).
• http://www.fcc.gov/Forms/Form499-A/499a2-2011.pdf
  • obligations to register with the Federal Communications Commission.6 II. Filing Requirements and General Instructions A. Who Must File With very limited exceptions, all intrastate, interstate, and international providers of telecommunications in the United States7 must file this Worksheet.8 Telecommunications providers that are contributors to 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).
• 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 Form
• http://www.fcc.gov/eb/Orders/2001/da01540.doc http://www.fcc.gov/eb/Orders/2001/da01540.html
  • 2000 to 1998 invoices. By letter from Barry P. Miller, Esquire to Scott Barasch at USAC, dated January 10, 2001, NATN proposed to pay off its indebtedness, as recalculated by it, in 36 monthly installments. Subsequently, NATN advised that it made a payment equal to its January 2001 contribution as billed by USAC on February 22, 2001. 47 C.F.R. § 54.711, provides that ``[c]ontributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet.'' That worksheet (and its predecessor, the Universal Service Worksheet) requires carriers to report revenue for the prior year. USAC then calculates the carrier's contribution based on that reported revenue. See NECA Changes Order, 12 FCC Rcd at 18424, 18442, 18501-02; 1998 Biennial Regulatory Review -
• http://www.fcc.gov/eb/Orders/2001/da01542.doc http://www.fcc.gov/eb/Orders/2001/da01542.html
  • Suite 200, Cherry Hill, New Jersey 08002. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. § 54.709(a)(4-5). 47 C.F.R. § 54.713. Letter from David H. Solomon, Chief, Enforcement Bureau, to Advanced Telecom. Network, Inc. dated August 7, 2000. The Enforcement Bureau mailed the August 7, 2000 letter to Advanced certified mail, return receipt requested. The return receipt reflects that
• http://www.fcc.gov/eb/Orders/2001/fcc01106.doc http://www.fcc.gov/eb/Orders/2001/fcc01106.html
  • Agents, Inc., 1090 Vermont Avenue, N.W., Washington, D.C. 20005. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. § 54.709(a)(4-5). 47 C.F.R. § 54.713. Letter from Charles W. Kelley, Chief, Investigations and Hearings Division, Enforcement Bureau, to PTT Telekom, Inc. dated February 1, 2001. The Enforcement Bureau mailed the February 1, 2000 letter to PTT by certified mail, return receipt requested. The
• http://www.fcc.gov/eb/Orders/2003/FCC-03-231A1.html
  • (``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 and circumstances surrounding this matter, we find that Globcom is apparently liable for a total forfeiture of $806,861. We further order Globcom to submit within 30 days, either as part of a response to
• http://www.fcc.gov/eb/Orders/2004/DA-04-2852A1.html
  • 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 of
• 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 hereto
• http://www.fcc.gov/eb/Orders/2004/DA-04-3983A1.html
  • West Monroe, 8th Floor Mailroom, Chicago, IL 60661. Payment by wire transfer may be made to ABA Number 071000013, receiving bank Bank One, and account number 1165259. 18. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. 54.711, BigZoo.com Corporation shall fully respond to the October 15, 2004, Letter of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. 19. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief, Investigations and Hearings Division,
• http://www.fcc.gov/eb/Orders/2004/DA-04-657A1.html
  • 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 the
• http://www.fcc.gov/eb/Orders/2004/DOC-244194A1.html
  • 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 also put BOI, BUZZ and/or U.S. Bell/LINK on notice that the Commission could order a forfeiture for the failure to make required universal service contributions and a forfeiture of as much as $10,000 for each failure to file required TRS contributions and for each failure to file Telecommunications Reporting Worksheets.13
• http://www.fcc.gov/eb/Orders/2005/DA-05-1907A1.html
  • 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 15. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. 54.711, QuickLink Telecom, Inc., shall fully respond to the October 15, 2004, Letter of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. 16. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief, Investigations and Hearings
• http://www.fcc.gov/eb/Orders/2005/DA-05-2485A1.html
  • 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 conclude
• http://www.fcc.gov/eb/Orders/2005/DA-05-2989A1.html
  • 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 the
• http://www.fcc.gov/eb/Orders/2005/DA-05-3192A1.html
  • 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 16. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. 54.711, Blackstone Calling Card, Inc., shall fully respond to the October 2004 and June 2005 Letters of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. 17. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief,
• http://www.fcc.gov/eb/Orders/2005/FCC-05-145A1.html
  • the facts and circumstances surrounding this matter we conclude that this company is apparently liable for a total forfeiture of $819,905. 2. We specifically find that InPhonic, Inc. (``InPhonic'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until January 2005.1 We also find that InPhonic has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2004.2 Finally, we find that InPhonic has apparently violated section 254(d) of the Communications Act 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
• http://www.fcc.gov/eb/Orders/2005/FCC-05-146A1.html
  • the facts and circumstances surrounding this matter, we conclude that Teletronics is apparently liable for a total forfeiture of $692,000. 2. Specifically we find Teletronics has apparently violated sections 64.1195(a) of the Commission's rules by willfully and repeatedly failing to register with the Commission from April 2, 2001 to the current date.1 We also conclude that Teletronics has apparently violated 54.711(a), 64.604(c)(5)(iii)(B), and 52.17(b) of our rules by failing to submit certain Telecommunications Reporting Worksheets from 1999 to the current date. 2 We further find that Teletronics has apparently violated 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
• http://www.fcc.gov/eb/Orders/2005/FCC-05-147A1.html
  • amended (the ``Act''),1 and with the exception of a few isolated acts of post-investigative compliance, this carrier continues a pattern of egregious non- compliance. Based upon the facts and circumstances surrounding this matter we conclude that this company is apparently 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
• http://www.fcc.gov/eb/Orders/2005/FCC-05-156A1.html
  • upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 18See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice, 18 FCC Rcd 11442 (Wir. Comp. Bur. 2003) (``Contribution payments are due on the date shown on the [USAC] invoice.'') The
• http://www.fcc.gov/eb/Orders/2005/FCC-05-157A1.html
  • upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 8See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice, 18 FCC Rcd 11442 (Wir. Comp. Bur. 2003) (``Contribution payments are due on the date shown on the [USAC] invoice.'') The
• http://www.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
  • programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to the universal service program. Based upon the facts and circumstances surrounding this matter we conclude that this company 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
• http://www.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
  • circumstances surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $529,300. 2. We specifically find that Telecom House, Inc. (``Telecom House'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until September 2004.1 We also find that Telecom House has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2001 to 2005.2 Finally, we find that Telecom House has apparently violated section 254(d) of the 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
• http://www.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
  • Based upon the facts and circumstances surrounding this matter we conclude that this carrier is apparently liable for a total forfeiture of $462,638. 2. We specifically find that CSII has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until February 2005.1 We also find that CSII has apparently violated section 54.711(a) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2005.2 Finally, we find that CSII has apparently violated section 254(d) of the Communications Act of 1934, 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
• http://www.fcc.gov/eb/Orders/2005/FCC-05-186A1.html
  • this matter, we conclude that this company is apparently liable for a total forfeiture of $236,774. 2. We specifically find that Global Teldata II, LLC (``Global Teldata'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until November 17, 2004.1 We also find that Global Teldata has apparently violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004.2 Finally, we find that Global Teldata has apparently violated section 254(d) of 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'')
• http://www.fcc.gov/eb/Orders/2006/DA-06-1063A1.html
  • 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 on
• http://www.fcc.gov/eb/Orders/2006/DA-06-1063A2.html
  • 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 254(d)
• http://www.fcc.gov/eb/Orders/2006/DA-06-1176A1.html
  • 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) of
• http://www.fcc.gov/eb/Orders/2006/DA-06-1267A1.html
  • Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 14. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. SS 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. S 54.711, Universal Telecommunications, Inc., shall fully respond to the August 2005 and October 2005 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. 15. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport,
• http://www.fcc.gov/eb/Orders/2006/DA-06-1512A1.html
  • 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 absence
• http://www.fcc.gov/eb/Orders/2006/DA-06-2451A1.html
  • 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 absence
• http://www.fcc.gov/eb/Orders/2006/DA-06-933A1.html
  • Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 15. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. SS 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. S 54.711, Unicom Communications, L.L.C. shall fully respond to the October 28, 2004 Letter of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. 16. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief, Investigations and
• http://www.fcc.gov/eb/Orders/2006/FCC-06-127A1.html
  • we find Local Phone Services, Inc., d/b/a Best Phone ("LPSI"), a telecommunications carrier that has been operating and at least indirectly benefiting from federal programs supporting the telecommunications industry for over two years, apparently failed to meet 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
• http://www.fcc.gov/eb/Orders/2006/FCC-06-135A1.html
  • 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 the
• http://www.fcc.gov/eb/Orders/2006/FCC-06-136A1.html
  • 20, 2004 Letter"), Response to Inquiry 5. 47 U.S.C. S 254(d). 47 C.F.R. SS 54.706, 54.709. 47 C.F.R. SS 1.1154, 1.1157(b)(1). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See 47 C.F.R. S 54.709(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration (in CC Docket No. 96-45), Eighth Report and Order (in CC Docket No. 96-45), and Sixth Report and Order (in CC Docket No. 96-262), 15 FCC Rcd 1679, 1687, P 18 (1999); Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and
• http://www.fcc.gov/eb/Orders/2006/FCC-06-138A1.html
  • that must contribute to the fund. See 47 C.F.R. S 54.706(a)(3), (16). 47 U.S.C. S 254(d). 47 C.F.R. SS 54.706, 54.709. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See 47 C.F.R. S 54.709(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration (in CC Docket No. 96-45), Eighth Report and Order (in CC Docket No. 96-45), and Sixth Report and Order (in CC Docket No. 96-262), 15 FCC Rcd 1679, 1687, P 18 (1999); Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and
• http://www.fcc.gov/eb/Orders/2006/FCC-06-49A1.html
  • or a Commission rule. 17. As discussed below, we find by a preponderance of the evidence that Globcom has willfully and repeatedly 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 failing to contribute to the universal service and the TRS funds. In addition, we find that Globcom willfully and repeatedly violated section 54.711(a) of the Commission's rules by failing to file complete and accurate interstate and international revenue information. We credit Globcom's argument that there should be a downward adjustment in the forfeiture amount because USAC has amended its invoices since the date of the Globcom NAL to reflect a lower outstanding debt for the relevant period based on additional and revised revenue
• http://www.fcc.gov/eb/Orders/2007/DA-07-3411A1.html
  • No. EB-06-IH-2307 Communications Options, Inc. ) NAL/Acct. No. 200732080031 Apparent Liability for Forfeiture ) FRN No. 0003735230 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 26, 2007 Released: July 27, 2007 By the Chief, Enforcement Bureau: I. INtroduction 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Communications Options, Inc., ("COI"), has apparently violated section 54.711(a) of the Federal Communications Commission's (the "Commission" or "FCC") rules by willfully and repeatedly failing to maintain records and documentation to justify information reported in its Telecommunications Reporting Worksheets ("Worksheets") and provide the records and documentation to the Commission upon request. We further find that COI apparently violated a Commission order issued pursuant to sections 4(i), 4(j), 218 and 403
• http://www.fcc.gov/eb/Orders/2007/DA-07-4012A1.html
  • 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. 3.
• http://www.fcc.gov/eb/Orders/2007/DA-07-4016A1.html
  • wire transfer may be made to: ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6229. The payment should note the NAL/Acct. No. reference above. 13. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. S: 54.711, Liberty Phones, Inc., shall fully respond to the May 31, 2007 and July 17, 2007 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. 14. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to Hillary
• http://www.fcc.gov/eb/Orders/2007/DA-07-4019A1.html
  • wire transfer may be made to: ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6229. The payment should note the NAL/Acct. No. reference above. 12. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. S: 54.711, Ultimate Medium Communications Corporation, shall fully respond to the June 14, 2007 and July 19, 2007 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. 13. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to
• http://www.fcc.gov/eb/Orders/2007/FCC-07-122A1.html
  • 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 the
• http://www.fcc.gov/eb/Orders/2007/FCC-07-165A1.html
  • earlier proceeding determined that BOI (a) failed to make required universal service contributions in violation of Section 254(d) of the Act and Section 54.706 of the Commission's rules; (b) failed to make required contributions to the Telecommunications Relay Services Fund in violation of Section 64.604(c)(5)(iii)(A) of the Commission's rules; and (c) failed to file Telecom ReportingWorksheets in violation of Sections 54.711, 54.713 and 64.604(c)(iii)(B) of the Commission's rules. Consequently, with respect to the range of sanctions relating to violations of the Consent Decree, it shall be determined whether the Kintzel brothers are subject to a forfeiture in an amount not to exceed $1,538,533.52. 19. In addition to issues relating to compliance with the Consent Decree, issues are also specified below to
• http://www.fcc.gov/eb/Orders/2007/FCC-07-57A1.html
  • 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 absence
• http://www.fcc.gov/eb/Orders/2007/FCC-07-58A1.html
  • 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 Relay Service ("TRS") Fund. The Further Notice of Apparent Liability for Forfeiture finds that InPhonic apparently is in violation of section 214(a) of the Act, and section 63.18 of the Commission's rules, by
• http://www.fcc.gov/eb/Orders/2007/FCC-07-59A1.html
  • Order of Forfeiture, we assess a monetary forfeiture of $236,774 against Global Teldata II, LLC ("Global Teldata"). Following the Notice of Apparent Liability and Order the Commission issued on October 31, 2005, we find that Global Teldata willfully and repeatedly violated section 64.1195 of the Commission's rules by failing to register with the Commission until November 17, 2004, and section 54.711(a) of those rules by failing to submit certain Telecommunications Reporting Worksheets ("Worksheets") prior to November 17, 2004. In addition, we find that Global Teldata willfully and repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section 54.706(a) of the Commission's rules by failing to contribute to the Universal Service Fund ("USF") in 2004 and
• http://www.fcc.gov/eb/Orders/2007/FCC-07-73A1.html
  • will 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. 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;
• http://www.fcc.gov/eb/Orders/2008/DA-08-1178A1.html
  • 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 hereto
• http://www.fcc.gov/eb/Orders/2008/DA-08-1322A1.html
  • 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 before
• http://www.fcc.gov/eb/Orders/2008/DA-08-1336A1.html
  • 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 hereto
• http://www.fcc.gov/eb/Orders/2008/DA-08-2551A1.html
  • 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 the
• http://www.fcc.gov/eb/Orders/2008/DA-08-548A1.html
  • Inc. ) NAL/Acct. No. 200732080031 Apparent Liability for Forfeiture ) FRN 0003735230 ) ) ORDER OF FORFEITURE Adopted: March 13, 2008 Released: March 13, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order of Forfeiture ("Order"), we assess a monetary forfeiture of $65,000 against Communications Options, Inc. ("COI"). We find that COI willfully and repeatedly violated section 54.711(a) of the Federal Communications Commission's (the "Commission" or "FCC") rules by failing to maintain records and documentation to justify information reported in its Telecommunications Reporting Worksheets ("Worksheets") and provide the records and documentation to the Commission upon request. Further, we find that COI willfully and repeatedly violated a Commission order issued pursuant to sections 4(i), 4(j), 218 and 403 of
• http://www.fcc.gov/eb/Orders/2008/FCC-08-116A1.html
  • EB-05-IH-2348 ) Telrite Corporation NAL/Acct. No. 200832080084 ) Apparent Liability for Forfeiture FRN No. 0007-9604-20 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE & ORDER Adopted: April 16, 2008 Released: April 17, 2008 By the Commission: I. INtroduction 1. In this 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
• http://www.fcc.gov/eb/Orders/2008/FCC-08-130A1.html
  • May 15, 2008 Released: May 19, 2008 By the Commission: I. INTRODUCTION 1. In this Order of Forfeiture, we impose a forfeiture of $436,765 against Local Phone Services, Inc., d/b/a Best Phone ("LPSI"). The Order of Forfeiture 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
• http://www.fcc.gov/eb/Orders/2008/FCC-08-270A1.html
  • 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 the
• http://www.fcc.gov/eb/Orders/2008/FCC-08-96A1.html
  • Order in CC Docket No. 96-262, 15 FCC Rcd 1679, 1687, P: 18 (1999); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Board on Universal Service, Second Order on Reconsideration, 12 FCC Rcd 22423, 22425, P: 3 (1997). Carriers must pay by the date shown on the invoice from the Administrator. 47 C.F.R. S: 54.711(a) ("The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made."). See, e.g., "Proposed Second Quarter 2006 Contribution Factor," Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) ("Contribution payments are due on the date shown on the invoice."). See also
• http://www.fcc.gov/eb/Orders/2008/FCC-08-97A1.html
  • 19954, P: 17 (2000); Interim Contribution Order, 17 FCC Rcd at 24971-72, P: 35; Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Board on Universal Service, Second Order on Reconsideration, 12 FCC Rcd 22423, 22425, P: 3 (1997). Carriers must pay by the date shown on the invoice from the Administrator. 47 C.F.R. S: 54.711(a) ("The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and dates by which payments must be made.") See, e.g., "Proposed Second Quarter 2006 Universal Service Contribution Factor," Public Notice, 21 FCC Rcd 2379, 2381 (Wireline Comp. Bur. 2006) ("Contribution payments are due on the date shown on the [administrator]
• http://www.fcc.gov/eb/Orders/2009/DA-09-1073A1.html
  • U.S.C. S: 154(i). 47 C.F.R. S:S: 0.111, 0.311. 47 U.S.C. S: 254; 47 C.F.R. S: 54.706. See Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission to John Patton, CEO, Supra Telecommunications & Information Systems Acquisitions Corp., issued June 26, 2008 ("June 26, 2008 LOI"). 47 U.S.C. S: 254(d); 47 C.F.R. S:S: 54.706, 54.711, 54.713. See June 26, 2008 LOI. See Letter from Douglas D. Orvis II, Bingham McCutchen LLP, to Marlene H. Dortch, Secretary, FCC, Attn: Michele Levy Berlove, Attorney Advisor, Investigations & Hearings Division, Enforcement Bureau, FCC, dated August 11, 2008 ("LOI Response"). Federal Communications Commission DA 09-1073 2 2 Federal Communications Commission DA 09-1073 Federal Communications Commission DA 09-1073 6 Federal
• http://www.fcc.gov/eb/Orders/2009/DA-09-740A1.html
  • 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 facts before
• 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 obtain
• http://www.fcc.gov/eb/Orders/2010/DA-10-1290A1.html
  • 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 AllCom,
• http://www.fcc.gov/eb/Orders/2010/DA-10-672A1.html
  • 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 Local Phone
• http://www.fcc.gov/eb/Orders/2010/DA-10-692A1.html
  • 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 499-A
• http://www.fcc.gov/eb/Orders/2010/DA-10-912A1.html
  • 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, 2008, the
• http://www.fcc.gov/eb/Orders/2010/DA-10-913A1.html
  • 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 Commission's
• http://www.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
  • 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 of $800,700.
• http://www.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
  • by some providers to pay their share into the USF skews the playing field by giving them an economic advantage over their competitors, who must then shoulder more than their fair share of the costs of universal service. 4. The Commission has established specific procedures for the administration of the USF and other associated federal regulatory programs. Pursuant to section 54.711(a) of the Commission's rules, a carrier is required to file FCC Form 499-A, also known as the annual Telecommunications Reporting Worksheet ("annual Worksheet" or "Form 499-A"), for the purpose of determining its USF, Telecommunications Relay Services Fund ("TRS Fund"), Local Number Portability ("LNP"), and North American Numbering Plan ("NANP") administration and regulatory fee payments, and, with certain exceptions, to file
• 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 499-A
• http://www.fcc.gov/eb/Orders/2011/FCC-11-42A1.html
  • 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 recovery
• http://www.fcc.gov/eb/Orders/2012/DA-12-267A1.html
  • 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 Act,
• http://www.fcc.gov/eb/Orders/2012/DA-12-612A1.html
  • 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. A
• http://www.fcc.gov/eb/Orders/2012/FCC-12-38A1.html
  • relay services. Pursuant to Section 64.604(c)(5)(iii)(A) of the Commission's rules, every provider of interstate or international telecommunications services must contribute to the TRS Fund based upon its end-user revenues. 6. The Commission has established specific procedures for administration of the TRS Fund and other associated federal regulatory programs. These include the requirement that each telecommunications provider file, pursuant to Section 54.711(a) of the Commission's rules, accurate company-specific revenue data on Form 499-A annually. The information reported on Form 499-A is used to determine the telecommunications provider's payment obligations to the TRS Fund and other regulatory programs. These periodic filings trigger a determination of liability, if any, and subsequent billing and collection by the entities that administer the regulatory programs. Providers must
• http://www.fcc.gov/eb/Orders/da001746.doc http://www.fcc.gov/eb/Orders/da001746.txt
  • COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4), 54.709(d). 47 C.F.R. § 54.713. NATN's Chief Financial Officer, Ron Levitt, certified that the Worksheet was accurate. Letter from David H. Solomon, Chief, Enforcement Bureau, to North American Telephone Network dated February 16, 2000. Letter from Kay P. Shihata, CPA, Accounting Manager,
• http://www.fcc.gov/eb/Orders/fcc00261.doc http://www.fcc.gov/eb/Orders/fcc00261.txt
  • 75001. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4), 54.709(d). 47 C.F.R. § 54.713. Letter from David H. Solomon, Chief, Enforcement Bureau, to Intellicall Operator Services dated February 16, 2000. Letter from George M. Trevino, Corporate Controller, to James W. Shook, Investigations and Hearings Division, Enforcement Bureau dated March 10, 2000.
• http://www.fcc.gov/eb/Orders/fcc00262.doc http://www.fcc.gov/eb/Orders/fcc00262.txt
  • 20037. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4), 54.709(d). 47 C.F.R. § 54.713. Letter from David H. Solomon, Chief, Enforcement Bureau, to Matrix Telecom, Inc. dated February 16, 2000. Letter from Thomas K. Crowe, Esq., counsel for Matrix to David H. Solomon, Chief, Enforcement Bureau, dated March 10, 2000. Letter
• http://www.fcc.gov/eb/Orders/fcc00276.doc http://www.fcc.gov/eb/Orders/fcc00276.txt
  • Little. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4-5). 47 C.F.R. § 54.713. USAC's records reflect a total of 17 contacts or attempted contacts between March 1998 and February 2000. Letter from David H. Solomon, Chief, Enforcement Bureau, to America's Tele-Network Corp. dated February 16, 2000. Letter from Charles H. Helein,
• http://www.fcc.gov/eb/Public_Notices/DA-04-437A2.html
  • 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 the Commission's rules (Issue i). In addition, if it were shown that BOI, Buzz and/or U.S. Bell willfully or repeatedly violated the provisions of the Act or the Commission's rules noted above, then it would further be determined whether a forfeiture, in the amount of $115,533.52 for the failures to make required universal service contributions, $10,000
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3411A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3411A1.pdf
  • Inc. Apparent Liability for Forfeiture ) ) ) ) ) ) ) File No. EB-06-IH-2307 NAL/Acct. No. 200732080031 FRN No. 0003735230 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 26, 2007 Released: July 27, 2007 By the Chief, Enforcement Bureau: INtroduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Communications Options, Inc., (``COI''), has apparently violated section 54.711(a) of the Federal Communications Commission's (the ``Commission'' or ``FCC'') rules by willfully and repeatedly failing to maintain records and documentation to justify information reported in its Telecommunications Reporting Worksheets (``Worksheets'') and provide the records and documentation to the Commission upon request. We further find that COI apparently violated a Commission order issued pursuant to sections 4(i), 4(j), 218 and 403
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4012A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4012A1.pdf
  • 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 on
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4016A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4016A1.pdf
  • by wire transfer may be made to: ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6229. The payment should note the NAL/Acct. No. reference above. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, Liberty Phones, Inc., shall fully respond to the May 31, 2007 and July 17, 2007 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to Hillary S.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4019A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4019A1.pdf
  • by wire transfer may be made to: ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6229. The payment should note the NAL/Acct. No. reference above. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, Ultimate Medium Communications Corporation, shall fully respond to the June 14, 2007 and July 19, 2007 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to Hillary
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1178A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1178A1.pdf
  • 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 and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1322A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1322A1.pdf
  • 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, we
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1336A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1336A1.pdf
  • 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 and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2551A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2551A1.pdf
  • 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 Consent
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-548A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-548A1.pdf
  • ) ) ) ) ) ) ) File No. EB-06-IH-2307 NAL/Acct. No. 200732080031 FRN 0003735230 ORDER OF FORFEITURE Adopted: March 13, 2008 Released: March 13, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Order of Forfeiture (``Order''), we assess a monetary forfeiture of $65,000 against Communications Options, Inc. (``COI''). We find that COI willfully and repeatedly violated section 54.711(a) of the Federal Communications Commission's (the ``Commission'' or ``FCC'') rules by failing to maintain records and documentation to justify information reported in its Telecommunications Reporting Worksheets (``Worksheets'') and provide the records and documentation to the Commission upon request. Further, we find that COI willfully and repeatedly violated a Commission order issued pursuant to sections 4(i), 4(j), 218 and 403 of
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1073A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1073A1.pdf
  • U.S.C. § 154(i). 47 C.F.R. §§ 0.111, 0.311. 47 U.S.C. § 254; 47 C.F.R. § 54.706. See Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission to John Patton, CEO, Supra Telecommunications & Information Systems Acquisitions Corp., issued June 26, 2008 (``June 26, 2008 LOI''). 47 U.S.C. § 254(d); 47 C.F.R. §§ 54.706, 54.711, 54.713. See June 26, 2008 LOI. See Letter from Douglas D. Orvis II, Bingham McCutchen LLP, to Marlene H. Dortch, Secretary, FCC, Attn: Michele Levy Berlove, Attorney Advisor, Investigations & Hearings Division, Enforcement Bureau, FCC, dated August 11, 2008 (``LOI Response''). Federal Communications Commission DA 09-1073 Federal Communications Commission DA 09-1073 Federal Communications Commission DA 09-1073 Federal Communications Commission DA
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-740A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-740A1.pdf
  • 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 us, we
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1290A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1290A1.pdf
  • 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 AllCom,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-672A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-672A1.pdf
  • 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 Local Phone
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-692A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-692A1.pdf
  • 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 499-A
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-666A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-666A1.pdf
  • 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 499-A
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-267A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-267A1.pdf
  • 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 Act,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-612A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-612A1.pdf
  • 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 copy
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-122A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-122A1.pdf
  • 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 before
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-165A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-165A1.pdf
  • earlier proceeding determined that BOI (a) failed to make required universal service contributions in violation of Section 254(d) of the Act and Section 54.706 of the Commission's rules; (b) failed to make required contributions to the Telecommunications Relay Services Fund in violation of Section 64.604(c)(5)(iii)(A) of the Commission's rules; and (c) failed to file Telecom ReportingWorksheets in violation of Sections 54.711, 54.713 and 64.604(c)(iii)(B) of the Commission's rules. Consequently, with respect to the range of sanctions relating to violations of the Consent Decree, it shall be determined whether the Kintzel brothers are subject to a forfeiture in an amount not to exceed $1,538,533.52. 19. In addition to issues relating to compliance with the Consent Decree, issues are also specified below to
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-57A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-57A1.pdf
  • 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 material
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-58A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-58A1.pdf
  • 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 Relay Service (``TRS'') Fund. The Further Notice of Apparent Liability for Forfeiture finds that InPhonic apparently is in violation of section 214(a) of the Act, and section 63.18 of the Commission's rules, by
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-59A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-59A1.pdf
  • Order of Forfeiture, we assess a monetary forfeiture of $236,774 against Global Teldata II, LLC (``Global Teldata''). Following the Notice of Apparent Liability and Order the Commission issued on October 31, 2005, we find that Global Teldata willfully and repeatedly violated section 64.1195 of the Commission's rules by failing to register with the Commission until November 17, 2004, and section 54.711(a) of those rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004. In addition, we find that Global Teldata willfully and repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by failing to contribute to the Universal Service Fund (``USF'') in 2004 and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-73A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-73A1.pdf
  • Commission will 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;
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-116A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-116A1.pdf
  • Apparent Liability for Forfeiture ) ) ) ) ) ) File No. EB-05-IH-2348 NAL/Acct. No. 200832080084 FRN No. 0007-9604-20 NOTICE OF APPARENT LIABILITY FOR FORFEITURE & ORDER Adopted: April 16, 2008 Released: April 17, 2008 By the Commission: INtroduction In this 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-130A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-130A1.pdf
  • Adopted: May 15, 2008 Released: May 19, 2008 By the Commission: I. INTRODUCTION In this Order of Forfeiture, we impose a forfeiture of $436,765 against Local Phone Services, Inc., d/b/a Best Phone (``LPSI''). The Order of Forfeiture 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-270A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-270A1.pdf
  • 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 Consent
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-96A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-96A1.pdf
  • Order in CC Docket No. 96-262, 15 FCC Rcd 1679, 1687, ¶ 18 (1999); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Board on Universal Service, Second Order on Reconsideration, 12 FCC Rcd 22423, 22425, ¶ 3 (1997). Carriers must pay by the date shown on the invoice from the Administrator. 47 C.F.R. § 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Second Quarter 2006 Contribution Factor,'' Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) (``Contribution payments are due on the date shown on the invoice.''). See also
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-97A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-97A1.pdf
  • 19954, ¶ 17 (2000); Interim Contribution Order, 17 FCC Rcd at 24971-72, ¶ 35; Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Board on Universal Service, Second Order on Reconsideration, 12 FCC Rcd 22423, 22425, ¶ 3 (1997). Carriers must pay by the date shown on the invoice from the Administrator. 47 C.F.R. § 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and dates by which payments must be made.'') See, e.g., ``Proposed Second Quarter 2006 Universal Service Contribution Factor,'' Public Notice, 21 FCC Rcd 2379, 2381 (Wireline Comp. Bur. 2006) (``Contribution payments are due on the date shown on the [administrator]
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-1A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-1A1.pdf
  • 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 obtain
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-48A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-48A1.pdf
  • 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 of $800,700.
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  • Failure by some providers to pay their share into the USF skews the playing field by giving them an economic advantage over their competitors, who must then shoulder more than their fair share of the costs of universal service. The Commission has established specific procedures for the administration of the USF and other associated federal regulatory programs. Pursuant to section 54.711(a) of the Commission's rules, a carrier is required to file FCC Form 499-A, also known as the annual Telecommunications Reporting Worksheet (``annual Worksheet'' or ``Form 499-A''), for the purpose of determining its USF, Telecommunications Relay Services Fund (``TRS Fund''), Local Number Portability (``LNP''), and North American Numbering Plan (``NANP'') administration and regulatory fee payments, and, with certain exceptions, to file
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-11-42A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-11-42A1.pdf
  • 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 recovery
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-12-38A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-12-38A1.pdf
  • telecommunications relay services. Pursuant to Section 64.604(c)(5)(iii)(A) of the Commission's rules, every provider of interstate or international telecommunications services must contribute to the TRS Fund based upon its end-user revenues. The Commission has established specific procedures for administration of the TRS Fund and other associated federal regulatory programs. These include the requirement that each telecommunications provider file, pursuant to Section 54.711(a) of the Commission's rules, accurate company-specific revenue data on Form 499-A annually. The information reported on Form 499-A is used to determine the telecommunications provider's payment obligations to the TRS Fund and other regulatory programs. These periodic filings trigger a determination of liability, if any, and subsequent billing and collection by the entities that administer the regulatory programs. Providers must
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-12-62A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-12-62A1.pdf
  • 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 North American Numbering Plan (NANP); (4) Section 251(e)(2) of the Act and Section 52.32(a) of the Commission's rules by willfully or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-540A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-540A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-540A1.txt
  • 2000 to 1998 invoices. By letter from Barry P. Miller, Esquire to Scott Barasch at USAC, dated January 10, 2001, NATN proposed to pay off its indebtedness, as recalculated by it, in 36 monthly installments. Subsequently, NATN advised that it made a payment equal to its January 2001 contribution as billed by USAC on February 22, 2001. 47 C.F.R. § 54.711, provides that ``[c]ontributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet.'' That worksheet (and its predecessor, the Universal Service Worksheet) requires carriers to report revenue for the prior year. USAC then calculates the carrier's contribution based on that reported revenue. See NECA Changes Order, 12 FCC Rcd at 18424, 18442, 18501-02; 1998 Biennial Regulatory Review -
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  • Suite 200, Cherry Hill, New Jersey 08002. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. § 54.709(a)(4-5). 47 C.F.R. § 54.713. Letter from David H. Solomon, Chief, Enforcement Bureau, to Advanced Telecom. Network, Inc. dated August 7, 2000. The Enforcement Bureau mailed the August 7, 2000 letter to Advanced certified mail, return receipt requested. The return receipt reflects that
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  • on April 2, 2001. Copies of the April 2001 Worksheet (FCC Form 499-A) and instructions may be downloaded from the Commission's Forms Web Page (www.fcc.gov/formpage.html). Finally, copies may be obtained from NECA at (973) 560-4400. For further information, contact Suzanne McCrary, Jim Lande or Scott Bergmann, Industry Analysis Division, Common Carrier Bureau, at (202) 418-0940. 47 C.F.R. §§ 52.1(b), 52.32(b), 54.711(a), 64.604(c)(4)(iii)(B). See also 47 C.F.R. § 1.47(h) (requiring every common carrier to file information concerning their designated agents pursuant to the Telecommunications Reporting Worksheet). 47 C.F.R. § 64.1195; see also Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996, Policies and Rules Concerning Unauthorized Changes of Consumers Long Distance Carriers, Order, FCC 01-67, CC Docket
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  • 47 C.F.R. ss 1.3, 1.429, that the Petition for Waiver filed December 13, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Dorothy T. Attwood Chief, Wireline Competition Bureau See Letter from Robert W. Quinn, Jr., AT&T to Magalie Roman Salas, Federal Communications Commission, filed Dec. 13, 2001 (AT&T Request). In order to grant AT&T's request, the Commission must waive sections 54.709 and 54.711 of the Commission's rules. Thus, we have treated AT&T's request as a request for waiver of the Commission's rules governing universal service contributions. In subsequent filings, AT&T renewed its request and specifically requested a waiver of the universal service contribution rules. See Letter from Robert W. Quinn, Jr., AT&T to Magalie Roman Salas, Federal Communications Commission filed Feb. 7, 2002;
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  • CYCLE ESTABLISHED CC Docket No. 96-45 Release Date: February 26, 2002 Comment Date: 21 days from publication in the Federal Register Reply Comment Date: 31 days from publication in the Federal Register On December 13, 2002, AT&T filed a request with the Commission to contribute to universal service based on its projected revenues on a going-forward basis. Pursuant to section 54.711(c) of the Commission's rules, universal service contributions are based on a contributors' historical gross-billed end-user interstate and international telecommunications revenues, which are reported on a quarterly basis on the FCC Form 499-Q. The FCC Form 499-Q instructs contributors to report their revenues from the prior calendar quarter. These revenue data then serve as the basis for contributions assessed in the
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  • of the April 2002 Worksheet (FCC Form 499-A) and instructions may be downloaded from the Commission's Forms Web Page (www.fcc.gov/formpage.html). Finally, copies may be obtained from the National Exchange Carrier Association (NECA) at (973) 560-4400. For further information, contact Suzanne McCrary, Jim Lande or Kenneth Lynch, Industry Analysis Division, Common Carrier Bureau, at (202) 418-0940. 47 C.F.R. §§ 52.1(b), 52.32(b), 54.711(a), 64.604(c)(5)(iii)(B). See also 47 C.F.R. § 1.47(h) (requiring every common carrier to file information concerning their designated agents pursuant to the Telecommunications Reporting Worksheet). 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, CC Docket No. 98-171, Report and Order, 14
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  • Services, Inc. Petition for Waiver of Section 54.3711(a) of the Commission's Rules and Regulations ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 ORDER Adopted: April 16, 2002 Released: April 17, 2002 By the Deputy Chief, Telecommunications Access Policy Division: On April 27, 2001, AT&T Wireless Services, Inc. filed the above-captioned Petition for Waiver of section 54.711(a) of the Commission's rules. On April 8, 2002, AT&T Wireless Services, Inc. submitted a request to withdraw the above-captioned petition. We grant the request to withdraw and dismiss the petition. ACCORDINGLY, IT IS ORDERED, pursuant to the authority delegated under sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, that the request to withdraw the above-captioned
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  • Part 36 App. (definition of ``study area''). See 47 C.F.R. § 36.611. See 47 C.F.R. § 36.611(h). 47 C.F.R. § 36.613. USAC is responsible for collecting contributions to the various universal support mechanisms and disbursing universal service support funds. 47 C.F.R. § 54.702. See also 47 C.F.R § 36.613. See http://www.fcc.gov/wcb/iatd/neca.html. See 47 C.F.R. § 54.709. See 47 C.F.R. § 54.711. See Qwest Petition at 1. See id. Qwest filed similar requests for waiver and extensions of time for its year 2002 Automated Reporting Management Information System (ARMIS) filings that were due on April 1, 2003 pursuant to 47 C.F.R. § 43.21. See Qwest Petition at 1, n. 1; Letter from R. William Johnston, Executive Director - Federal Regulatory Policy, Qwest,
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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 Consent
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ª Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service GatewayUSA Holding Company Inc., Cosmos Telecom Marketing, Inc., and Sitel, Inc. Petition for Partial Waiver or, Alternatively, Clarification of Section 54.703 of the Commission's Rules Inteleca Communications Corporation Petition for Waiver of Rules 54.705, 54.707, 54.709, 54.711, and 54.713 Microdevices Worldwide Inc. Petition for Partial Waiver or, in the Alternative, Clarification of Universal Service Contribution Requirements Contained in Section 54.703 of the Commission's Rules Minimum Rate Pricing, Inc. Petition for Partial Waiver of the Universal Service Contribution Requirements Under Sections 54.703, 54.709 and 54.711 of the Commission's Rules RealWorld Advanced Technology Inc. Petition for Waiver of Rules
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  • 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 attached
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  • of collected interstate and international end-user telecommunications revenues. This percentage is called the contribution factor. The Commission determines the contribution factor each quarter. The Commission has designated USAC as the neutral entity responsible for administering the universal service support mechanisms, including billing contributors, collecting contributions to the universal service support mechanisms, and disbursing universal service support funds. Consistent with section 54.711 of the Commission's rules, contributions are calculated and filed in accordance with the Worksheet, which sets forth information that the contributor must submit to USAC on a quarterly and annual basis. Contributors must file a Form 499-A on April 1 of each year to report their annual revenues from the previous year and file a Form 499-Q on a quarterly
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  • West Monroe, 8th Floor Mailroom, Chicago, IL 60661. Payment by wire transfer may be made to ABA Number 071000013, receiving bank Bank One, and account number 1165259. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, BigZoo.com Corporation shall fully respond to the October 15, 2004, Letter of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief, Investigations and Hearings Division,
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  • 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 the Commission's rules (Issue i). In addition, if it were shown that BOI, Buzz and/or U.S. Bell willfully or repeatedly violated the provisions of the Act or the Commission's rules noted above, then it would further be determined whether a forfeiture, in the amount of $115,533.52 for the failures to make required universal service contributions, $10,000
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  • be available to contributors upon OMB approval. Completed Worksheets are due April 1, 2004. The significant changes to the proposed revised Worksheet include: Record Keeping: Section II.F (see page 11) clarifies filers' obligation to maintain records and documentation to justify information reported in the Worksheet, including the methodology used to determine projections, for three years, pursuant to 47 C.F.R. § 54.711. Line 105 and corresponding instructions (see pages 12-13): Filers will be allowed to list the top five telecommunications activities that describe their businesses. Previously, filers were instructed to indicate only their principal line of business. In addition, a new descriptive category - ``all distance'' - was added. Line 106: Filers submitting information on a consolidated basis will be required to
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  • is State or Local Government Entity I.R.C. § 501Tax Exempt PUHCA § 34 (a)(1) Exempt 605I certify that the revenue data contained herein are privileged and confidential and that public disclosure of such information would likely cause substantial harm to the competitive position of the company. I request nondisclosure of the revenue information contained herein pursuant to Sections 0.459, 52.17, 54.711 and 64.604 of the Commission's Rules. I certify that I am an officer of the above-named reporting entity, that I have examined the foregoing report and, to the best of my knowledge, information and belief, all statements of fact contained in this Worksheet are true and that said Worksheet is an accurate statement of the affairs of the above-named company
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  • 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. §§ 54.706,
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  • 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 terms
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  • 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 the National Exchange
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  • 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. 3 (Wireline Comp.
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  • 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 Carrier Association, Inc.,
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  • 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. 3 (Wireline Comp.
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  • 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 Carrier Association, Inc.,
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  • 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., File No. SLD-133664,
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  • 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, Inc., File No.
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  • 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. 3 (Wireline Comp.
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  • 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. 3 (Wireline Comp.
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  • 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, QuickLink Telecom, Inc., shall fully respond to the October 15, 2004, Letter of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief, Investigations and Hearings
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  • 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 are
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  • 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 before
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3192A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3192A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3192A1.txt
  • 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, Blackstone Calling Card, Inc., shall fully respond to the October 2004 and June 2005 Letters of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3192A1_Erratum.doc
  • 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, Blackstone Calling Card, Inc., shall fully respond to the October 2004 and June 2005 Letters of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief,
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  • 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 record
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  • 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) of
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  • 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 the
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  • 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, Universal Telecommunications, Inc., shall fully respond to the August 2005 and October 2005 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief,
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  • 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 material
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  • YKHC's contract was assigned by UUI to Unicom. Id. For purposes of this Order, we refer to YKHC's vendor as Unicom, the present contracting party. Request for Waiver at 2. Id. See USAC Letter at 2, 4. Request for Waiver at 3. See USAC Letter at 1. Id. Id. (retrieved Aug. 22, 2006). USAC Letter at 2; 47 C.F.R. § 54.711(b); see 47 C.F.R. § 54.709 (setting dates for contributor filings and determining the contribution factor). USAC Letter at 2. Id. See Request for Waiver. Request for Waiver at 1. Id. at 1, 5-7. 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, 1157,
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  • 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 material
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  • 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 254(d)
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  • 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 where the district's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-487A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-487A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-487A1.txt
  • 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, 365017, CC Docket
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  • 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, Unicom Communications, L.L.C. shall fully respond to the October 28, 2004 Letter of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief, Investigations and Hearings
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  • 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 C.F.R. § 54.706(d). Id. § 54.711(a) (setting forth reporting requirements in accordance with Commission announcements in the Federal Register). Contributors report historical revenue on the annual Telecommunications Reporting Worksheet (FCC Form 499-A), which is generally filed on April 1 each year. See 47 C.F.R. Universal Service Administrative Company, Schedule of Filings, at http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited March 5, 2007). Contributors project future quarters' revenue on the
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  • Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, CC Docket 98-171, Report and Order 1999 WL 492955, FCC 99-175 (rel. July 14, 1999). Second Order on Reconsideration, 12 FCC Rcd at 18400, Appendix C. Federal-State Joint Board on Universal Service; Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc., CC Docket No. 96-45, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947 (2000). Howe Affidavit at 1-2. 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
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  • 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 C.F.R. § 54.706(d). Id. § 54.711(a) (setting forth reporting requirements in accordance with Commission announcements in the Federal Register). Contributors report historical revenue on the annual Telecommunications Reporting Worksheet (FCC Form 499-A), which is generally filed on April 1 each year. See 47 C.F.R. Universal Service Administrative Company, Schedule of Filings, at http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited March 5, 2007). Contributors project future quarters' revenue on the
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  • Inc. Apparent Liability for Forfeiture ) ) ) ) ) ) ) File No. EB-06-IH-2307 NAL/Acct. No. 200732080031 FRN No. 0003735230 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 26, 2007 Released: July 27, 2007 By the Chief, Enforcement Bureau: INtroduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Communications Options, Inc., (``COI''), has apparently violated section 54.711(a) of the Federal Communications Commission's (the ``Commission'' or ``FCC'') rules by willfully and repeatedly failing to maintain records and documentation to justify information reported in its Telecommunications Reporting Worksheets (``Worksheets'') and provide the records and documentation to the Commission upon request. We further find that COI apparently violated a Commission order issued pursuant to sections 4(i), 4(j), 218 and 403
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  • 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 on
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  • by wire transfer may be made to: ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6229. The payment should note the NAL/Acct. No. reference above. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, Liberty Phones, Inc., shall fully respond to the May 31, 2007 and July 17, 2007 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to Hillary S.
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  • by wire transfer may be made to: ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6229. The payment should note the NAL/Acct. No. reference above. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. § 54.711, Ultimate Medium Communications Corporation, shall fully respond to the June 14, 2007 and July 19, 2007 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to Hillary
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  • FCC Form 499-A Instructions). 47 C.F.R. §§ 1.47, 64.1195; 2006 FCC Form 499-A Instructions at 10. We encourage new filers to submit the Form directly to USAC. 47 C.F.R. §§ 1.47, 64.1195. 47 C.F.R. § 64.1195; 2006 FCC Form 499-A Instructions at 10. 47 C.F.R. § 1.47; 2006 FCC Form 499-A Instructions at 10. 47 C.F.R. §§ 52.17, 52.32, 54.706, 54.711, 54.713, 64.604(c)(5)(iii)(B). But see 47 C.F.R. § 54.708. See 2006 FCC Form 499-A Instructions at 1. Id. at 10. Id. Providers that offer telecommunications for a fee exclusively on a non-common carrier basis need not file Form 499-A if their contribution to the USF would be de minimis under the universal service rules unless they are required to do so
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  • 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 and
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  • 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, we
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  • 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 and
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  • 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 Numbers and Titles: 54.701 Administrator of universal service support mechanisms. 54.703 The Administrator's Board of Directors. 54.705 Committees of the Administrator's Board of Directors. 54.707 Audit controls. 54.709 Computations of required contributions to universal service support mechanisms. 54.711 Contributor reporting requirements. Contributor's failure to report or to contribute. PART 59-INFRASTRUCTURE SHARING Brief Description: These rules specify the general duty of incumbent LECs to provide to certain qualifying LECs (i.e., carriers that fulfill universal service obligations) access to public switched network infrastructure, technology, information, and telecommunications facilities and functions used to provide telecommunications services, or access to information services,
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  • 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 Consent
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  • Sept. 21, 2007) (WestPAnet Letter) (collectively Petitioners). A list of these Petitioners is contained in Appendix A, attached hereto. See Achieve Letter at 1; Letter from Steven A. Augustino, Ascent Media Group, to the Federal Communications Commission, WC Docket No. 06-122, at 1, 4 (dated May 20, 2008) (Ascent Reply Comments); New Edge Letter at 1. et). 47 C.F.R. § 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made''). Federal-State Joint Board on Universal Service, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, 98-170, Report and Order and Second Further Notice of Proposed Rulemaking, 17 FCC Rcd 24952, 24972,
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  • ) ) ) ) ) ) ) File No. EB-06-IH-2307 NAL/Acct. No. 200732080031 FRN 0003735230 ORDER OF FORFEITURE Adopted: March 13, 2008 Released: March 13, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Order of Forfeiture (``Order''), we assess a monetary forfeiture of $65,000 against Communications Options, Inc. (``COI''). We find that COI willfully and repeatedly violated section 54.711(a) of the Federal Communications Commission's (the ``Commission'' or ``FCC'') rules by failing to maintain records and documentation to justify information reported in its Telecommunications Reporting Worksheets (``Worksheets'') and provide the records and documentation to the Commission upon request. Further, we find that COI willfully and repeatedly violated a Commission order issued pursuant to sections 4(i), 4(j), 218 and 403 of
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  • U.S.C. § 154(i). 47 C.F.R. §§ 0.111, 0.311. 47 U.S.C. § 254; 47 C.F.R. § 54.706. See Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission to John Patton, CEO, Supra Telecommunications & Information Systems Acquisitions Corp., issued June 26, 2008 (``June 26, 2008 LOI''). 47 U.S.C. § 254(d); 47 C.F.R. §§ 54.706, 54.711, 54.713. See June 26, 2008 LOI. See Letter from Douglas D. Orvis II, Bingham McCutchen LLP, to Marlene H. Dortch, Secretary, FCC, Attn: Michele Levy Berlove, Attorney Advisor, Investigations & Hearings Division, Enforcement Bureau, FCC, dated August 11, 2008 (``LOI Response''). Federal Communications Commission DA 09-1073 Federal Communications Commission DA 09-1073 Federal Communications Commission DA 09-1073 Federal Communications Commission DA
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  • Telecommunications Reporting Worksheet, FCC Form 499. 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, CC Docket No. 98-171, Report and Order, 14 FCC Rcd 16602 (1999). Contributors currently are required to file this information quarterly and annually. 47 C.F.R. § 54.711(a). See 47 C.F.R. § 54.708. Section 254(d) of the Communications Act of 1934, as amended (the Act) states that the Commission may exempt a carrier or class of carriers from contributing to the universal service mechanisms if the ``carrier's contribution to the preservation and advancement of universal service would be de minimis.'' 47 U.S.C. § 254(d). Section 254 of the
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  • 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 the treatment of disbursements during the pending review process. Need: In implementing statutory requirements for the
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  • Columbia and the territories and possessions. 47 U.S.C. § 153(40). 47 U.S.C. § 254(h)(2)(A). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service First Report and Order) (subsequent history omitted). See 47 C.F.R. § 54.611. Id. 47 C.F.R. § 54.611(b). 47 C.F.R. § 54.611(c). See 47 C.F.R. § 54.711(b); see also 47 C.F.R. § 54.709 (setting dates for contributor filings and determining the contribution factor). See 47 C.F.R. § 54.611(d). 47 C.F.R. § 54.611(d). See Request for Waiver at 2. Id. Id. Section 54.708 of the Commission's rules state that if a contributor's universal service contribution obligation in any given year is less than $10,000, that contributor is not
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  • para. 846. Id. Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400 (1997) (Second Order on Reconsideration). Id. at App. C. Id. Contributors are required to file quarterly and annually. 47 C.F.R. § 54.711(a). Second Order on Reconsideration, 12 FCC Rcd at 18507. Id. at 18508. Id. (``The procedures should include but not be limited to maintaining the following information on resellers: legal name; address; name of a contact person, and phone number of the contact person. If the underlying contributor does not have other reason to know that the entity will, in fact,
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  • 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 us, we
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  • No. 06-122 ORDER Adopted: May 1, 2009 Released: May 1, 2009 By the Acting Chief, Wireline Competition Bureau: INTRODUCTION In this order, we grant a petition by Verizon Wireless for a limited waiver of certain universal service FCC Form 499 revenue filing requirements. Specifically, as described below, we waive temporarily universal service revenue reporting requirements set forth pursuant to section 54.711 of the Commission's rules and the FCC Form 499 instructions and worksheets to allow Verizon Wireless to file a consolidated revenue data report for affiliated entities it acquired in its mergers with Alltel and Rural Cellular Corporation (RCC). We also waive reporting requirements to allow Verizon Wireless to report revenues for all affiliated companies using a weighted average of actual
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  • penalties, and interest by Millennium Telecom, LLC IS DENIED. 11. IT IS FURTHER ORDERED that, pursuant to section 1.102(b)(1) of the Commission's rules, 47 C.F.R. § 1.102(b)(1), this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Sharon E. Gillett Chief Wireline Competition Bureau g for Universal Service Contributors, http://www.fcc.gov/Forms/Form499-Q/499q.pdf (February 2010) (last visited May 10, 2010). 47 C.F.R. § 54.711(a). Federal-State Joint Board on Universal Service, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, 98-170, Report and Order and Second Further Notice of Proposed Rulemaking, 17 FCC Rcd 24952, 24972, para. 36 (2002) (Second Wireless Safe Harbor Order). Id. at 24973, para. 37. Id. at 24972, para. 36. USAC will refund or collect from contributors any over-payments or under-payments.
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  • 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 in the Federal Register). 47 C.F.R. § 54.702(b). (last visited June 23, 2010) (USAC Form 499 Filing Schedule). Id. 47 C.F.R. § 54.711(a). Id. USAC will refund or collect from contributors any over-payments or under-payments. If the combined quarterly projected revenues reported by a contributor are greater than those reported on
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  • 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 AllCom,
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  • single contribution system for all universal service support mechanisms based on interstate and international revenues). 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). 47 C.F.R. § 54.711(a). See Universal Service Administrative Company, Schedule of Filings, at http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited July 29, 2010) (USAC Form 499 Filing Schedule). (2004 FCC Form 499-A Instructions). Under Commission rules, revisions are filed when they are received by USAC. See 47 C.F.R. § 1.7. See 2004 FCC Form 499-A Instructions at 11. See Federal-State Joint Board on Universal Service, 1998 Biennial
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  • system for all universal service support mechanisms based on interstate and international revenues). 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). 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) and the quarterly Telecommunications Reporting Worksheets (FCC Form 499-Q)). See Universal Service Administrative Company, Schedule of Filings, at http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited July 29, 2010) (USAC Form 499 Filing Schedule). Id. (2004 FCC Form
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  • or that it would provide relief from reporting requirements to the industry as a whole. For these reasons, we deny Alexicon's request. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154, 254, and pursuant to the authority delegated in sections 0.91, 0.291, and 54.711 of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 54.711, that the petition of Alexicon Telecommunications Consulting IS DENIED. IT IS FURTHER ORDERED, pursuant to section 1.102(b)(1) of the Commission's rules, 47 C.F.R. § 1.102(b)(1), that this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Sharon E. Gillett Chief Wireline Competition Bureau Petition of Alexicon Telecommunications Consulting to Change
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  • 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 in the Federal Register). Id. 47 C.F.R. § 54.702(b). (last visited Jan. 29, 2010) (USAC Form 499 Filing Schedule). Id. 47 C.F.R. § 54.711(a). Id. USAC will refund or collect from contributors any over-payments or under-payments. If the combined quarterly projected revenues reported by a contributor are greater than those reported
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  • 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 accordance with Commission announcements in the Federal Register). Contributors report historical revenue on the annual Telecommunications Reporting Worksheet (FCC Form 499-A), which is generally filed on April 1 each year. See Universal Service Administrative Company, Schedule of Filings, at http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited Apr. 16Sept. 21, 2010) (USAC Form 499 Filing Schedule). Contributors project future
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  • 09-197 (filed Jan. 13, 2010) (Verizon Wireless Extension Request Letter); Universal Service Contribution Methodology; Verizon Wireless Petition for Limited Waiver of Safe Harbor Single Election Requirement and Criteria for Consolidated Filing of Universal Service Revenue Reports, WC Docket No. 06-122, Order, 23 FCC Rcd 5212, 5214-16, paras. 5-8 (Wireline Comp. Bur. 2009) (Verizon Wireless Consolidated Filing Order). 47 C.F.R. § 54.711; Telecommunications Reporting Worksheet, FCC Form 499-Q Instructions for Completing the Quarterly Worksheet for Filing Contributions to Universal Service Support Mechanisms, 7-8 (2009) (FCC Form 499-Q Instructions), http://www.fcc.gov/Forms/Form499-Q/499q.pdf; Telecommunications Reporting Worksheet, FCC Form 499-A Instructions for Completing the Worksheet for Filing Contributions to Telecommunications Relay Service, Universal Service, Number Administration, and Local Number Portability Support Mechanisms, 8-9 (2009) (FCC Form 499-A
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  • 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 Local Phone
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  • 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 499-A
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  • Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, CC Docket No. 98-171, Report and Order, 14 FCC Rcd 16602 (1999). Second Order on Reconsideration, 12 FCC Rcd 18400, Appendix C. Federal-State Joint Board on Universal Service; Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc., CC Docket No. 96-45, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947 (2000). Alliance Request for Review at 3-6. 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
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  • 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 in the Federal Register). Id. 47 C.F.R. § 54.702(b). See Universal Service Administrative Company, Schedule of Filings, at http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited Apr.22, 2010) (USAC Form 499 Filing Schedule). Id. 47 C.F.R. § 54.711(a). See 47 C.F.R. §§ 54.706, 54.711, and 54.713 (requiring all telecommunications carriers providing interstate telecommunications services and
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  • Reconsideration, 12 FCC Rcd 18400, 18423-24, para. 41 (1997); see 47 C.F.R. § 54.701. (last visited Apr. 30, 2010) (USAC Form 499 Filing Schedule). Contributors project future quarters' revenue on the quarterly Telecommunications Reporting Worksheets (FCC Form 499-Q), which are generally filed on February 1, May 1, August 1, and November 1. USAC Form 499 Filing Schedule. 47 C.F.R. § 54.711(a). 47 C.F.R. § 54.702(b). An entity that provides telecommunications services on a common carriage basis offers services to the public indiscriminately under the same general terms and conditions. In contrast, telecommunications offerings provided on a private carriage basis are tailored to the special requirements of each customer pursuant to individually negotiated contracts. See Nat'l Ass'n of Regulatory Utility Comm'rs v.
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  • § 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 Reporting) Tj 1 0 0 1 72 106.849 Tm (Worksheet Instructions at 5 \(2011\),
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  • Comment Date: October 24, 2011 The Wireline Competition Bureau seeks comment on a request filed by Baltimore-Washington Telephone Company (BWTel). BWTel requests review of a decision by the Universal Service Administrative Company assessing BWTel late fees and penalties associated with BWTel's Forms 499-A for 2008, 2009, and 2010. In the alternative, BWTel requests a waiver or partial waiver of sections 54.711 and 54.713(c) of the Commission's rules. Interested parties may file comments on or before October 7, 2011 and reply comments on or before October 24, 2011. All pleadings are to reference WC Docket 06-122. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. . Paper Filers: Parties who choose to file by
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  • State or Local Government Entity I.R.C. § 501 or State Tax Exempt (see instructions) 605 I certify that the revenue data contained herein are privileged and confidential and that public disclosure of such information would likely cause substantial harm to the competitive position of the company. I request nondisclosure of the revenue information contained herein pursuant to sections 0.459, 52.17, 54.711 and 64.604 of the Commission's rules. I certify that I am an officer of the above-named reporting entity as defined in the instructions, that I have examined the foregoing report and, to the best of my knowledge, information and belief, all statements of fact contained in this Worksheet are true and that said Worksheet is an accurate statement of the
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  • obligations to register with the Federal Communications Commission.6 II. Filing Requirements and General Instructions A. Who Must File With very limited exceptions, all intrastate, interstate, and international providers of telecommunications in the United States7 must file this Worksheet.8 Telecommunications providers that are contributors to 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).
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  • 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, public notice periods, and accompanying support
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  • 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 year
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  • 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 499-A
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  • 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 accordance with Commission announcements in the Federal Register). Contributors report historical revenue on the annual Telecommunications Reporting Worksheet (FCC Form 499-A), which is generally filed on April 1 each year. See Universal Service Administrative Company, Schedule of Filings, http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited Feb. 18, 2011) (USAC Form 499 Filing Schedule). Contributors project future quarters' revenue
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  • Service Eighth Report and Order). 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 at 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 accordance with Commission announcements in the Federal Register). Contributors report historical revenue on the annual Telecommunications Reporting Worksheet (FCC Form 499-A), which is generally filed on April 1 each year. See USAC, Schedule of Filings, http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited Feb. 17, 2011) (USAC Form 499 Filing Schedule). Contributors project future quarters' revenue on the quarterly
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  • 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 1 71.75 81.149 Tm (Telecommunications Reporting Worksheet \(FCC Form 499-A\)\); Universal Service Administrative Company,)
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  • 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 Act,
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  • compensation regime. One of these rules potentially affects carrier reporting on Form 499-A by permitting carriers to include, in their intrastate and interstate switched access tariffs, rates applicable to VoIP - PSTN traffic. This new rule became effective on December 29, 2011, and therefore could have resulted in changes in revenue reportable on Form 499-A Line 304, pursuant to section 54.711 of the Commission's rules, for the three days in 2011 during which it was effective. We find good cause to waive the Form 499 reporting requirements for this new rule for that limited period. In particular, we find that applying section 54.711 to require the reporting of VoIP-PSTN access charge revenues arising solely because of the adoption of section 51.913
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  • 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 copy
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  • Form 471, Kearney Public Schools (dated Apr. 3, 1999) (regarding FCC Form 471 application number 141485), and 2nd FCDL. The Commission's rules provide that entities must seek competitive bids for all services eligible for support. 47 C.F.R. §§ 54.503. An existing contract signed on or before July 10, 1997 is exempt from the competitive bidding requirements. See 47 C.F.R. § 54.711(c). In accordance with the Commission's competitive bidding requirements, each applicant must submit for posting on USAC's website an FCC Form 470 requesting discounts for E-rate eligible services. 47 C.F.R. § 54.503. After submitting an FCC Form 470, the applicant must wait 28 days before making commitments with the selected service providers. 47 C.F.R. § 54.503(c). See, e.g., Request for Review
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  • Federal-State Joint Board on Universal Service (CC Docket No. 96-45). Reply Comments on the Rural Task Force Recommendation - Competitive Universal Service Coalition, Reply Comments - SBC Communications, Inc., Sully Buttes Telephone Cooperative, Inc., AT&T Corporation, AT&T Comments on USF LAG FNPRM. In the Matter of Federal-State Joint Board on Universal Service/Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications Inc. d/b/a Oncor Communications, Inc. (CC Docket No. 96-45). Comments - WorldCom, Inc., Sprint Corporation, Network Operator Services, Inc., The United States Telecom Association. In the Matter of Amendments to Parts 1, 2, 87 and 101 of the Commission's Rules to License Fixed Services at 24 GHz (WT Docket No. 99-327). Opposition to
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  • American Automobile Association, Request for Leave to File Late Reply Comments - The Automobile Club of Hartford, Inc. In the Matter of Access Charge Reform (CC Docket No. 96-262). Motion for Extension of Time - Allegiance Telecom, Inc. In the Matter of Federal-State Joint Board on Universal Service (CC Docket No. 96-45)/Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc. (CC Docket No. 96-45). Reply Comments - Sprint Corporation, The United States Telecom Association. In the Matter of WTB Seeks Comment on Petition for Declaratory ruling Concerning the Requirement for Good Faith Negotiations Among Economic Area Licensees and Incumbent Licensees in the Upper 200 Channels of the 800
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  • affecting universal service. For purposes of this Notice, the term "carrier" is synonymous with all filers of universal service contribution worksheets. Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (the Act). The 1996 Act amended the Communications Act of 1934. 47 U.S.C. §§ 151, et seq. 47 U.S.C. § 254. See 47 C.F.R. §§ 54.706, 54.709, 54.711. For purposes of this Order and unless otherwise stated, the term ``end-user revenues'' shall refer to a contributor's interstate and international end-user telecommunications revenues. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9199, para. 829, 9211, para. 855 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum, CC
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  • CYCLE ESTABLISHED CC Docket No. 96-45 Release Date: February 26, 2002 Comment Date: 21 days from publication in the Federal Register Reply Comment Date: 31 days from publication in the Federal Register On December 13, 2001, AT&T filed a request with the Commission to contribute to universal service based on its projected revenues on a going-forward basis. Pursuant to section 54.711(c) of the Commission's rules, universal service contributions are based on a contributors' historical gross-billed end-user interstate and international telecommunications revenues, which are reported on a quarterly basis on the FCC Form 499-Q. The FCC Form 499-Q instructs contributors to report their revenues from the prior calendar quarter. These revenue data then serve as the basis for contributions assessed in the
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  • 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 also put BOI, BUZZ and/or U.S. Bell/LINK on notice that the Commission could order a forfeiture for the failure to make required universal service contributions and a forfeiture of as much as $10,000 for each failure to file required TRS contributions and for each failure to file Telecommunications Reporting Worksheets.
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  • contribution factor. The Commission's Wireline Competition Bureau releases a public notice stating the proposed contribution factor for the upcoming quarter. If, after 14 days, the Commission takes no action regarding the proposed contribution factor, the factor becomes final. 12 See Telecommunications Industry Revenues 2001 for a comparison with the funding bases used for TRS, NANP, and LNP. 13 47 C.F.R. §54.711(b). 1 -6 The Commission issued orders in February 2002 and December 2002 that changed the methodology used to determine payments that carriers make into the federal USF. Before these changes, service providers filed historic revenue information each quarter, which, after being reduced by 1% to account for uncollectible contributions, was divided into the total program requirements in order to calculate
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  • contribution factor. The Commission's Wireline Competition Bureau releases a public notice stating the proposed contribution factor for the upcoming quarter. If, after 14 days, the Commission takes no action regarding the proposed contribution factor, the factor becomes final. 12 See Telecommunications Industry Revenues 2001 for a comparison with the funding bases used for TRS, NANP, and LNP. 13 47 C.F.R. §54.711(b). 1 -6 The Commission issued orders in February 2002 and December 2002 that changed the methodology used to determine payments that carriers make into the federal USF. Before these changes, service providers filed historic revenue information each quarter, which, after being reduced by 1% to account for uncollectible contributions, was divided into the total program requirements in order to calculate
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  • the federal USF. 16 It issued another order in December 2002 that made further changes. 17 Before these changes, service providers filed historic revenue 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. §54.711(b). 16 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
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  • the federal USF. 16 It issued another order in December 2002 that made further changes. 17 Before these changes, service providers filed historic revenue 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. §54.711(b). 16 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
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  • the applicable FCC Rules, Regulations and Orders (which are identified herein with each assertion) with respect to contributions made to the USF on revenue during the year ended December 31, 2005, relative to Filer 499 ID No. XXX: A. Part 54: Subpart H - Administration - The Contributor (Filer 499 ID No. XXX) asserts that it has: 47 C.F.R § 54.711 - Contributor reporting requirements - complied with contributor reporting requirements as follows: Calculated and filed the Telecommunications Reporting Worksheet (Form 499-A) with USAC in accordance with the Instructions to the Telecommunications Reporting Worksheet, Form 499-A (``Instructions'') (47 C.F.R. § 54.711 (a)) ,, in the following manner: Block 1: Contributor Identification Information - reported information in lines 101 to 112 in
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  • identified on the bill as recovering contributions to the universal service support mechanisms, a situation known as "circularity."17 Specifically, to account for the inclusion 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. §54.711(b). 16 47 C.F.R. §54.709(a)(3). 17 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
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  • identified on the bill as recovering contributions to the universal service support mechanisms, a situation known as "circularity."17 Specifically, to account for the inclusion 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. §54.711(b). 16 47 C.F.R. §54.709(a)(3). 17 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
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  • this change. The "Circularity Adjustment" represents the industry's actual contributions during the prior quarter as reported by USAC. This eliminated circularity as a reason for carriers to inflate pass through charges. In December 2002, the Commission adopted an order that changed the basis for contribution assessments from historic gross-billed revenues to projected collected revenues.19 This change addressed 15 47 C.F.R. §54.711(b). 16 47 C.F.R. §54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 19 See Federal-State Joint Board on Universal Service,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287688A3.pdf
  • this change. The "Circularity Adjustment" represents the industry's actual contributions during the prior quarter as reported by USAC. This eliminated circularity as a reason for carriers to inflate pass through charges. In December 2002, the Commission adopted an order that changed the basis for contribution assessments from historic gross-billed revenues to projected collected revenues.19 This change addressed 15 47 C.F.R. §54.711(b). 16 47 C.F.R. §54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 19 See Federal-State Joint Board on Universal Service,
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  • this change. The "Circularity Adjustment" represents the industry's actual contributions during the prior quarter as reported by USAC. This eliminated circularity as a reason for carriers to inflate pass through charges. In December 2002, the Commission adopted an order that changed the basis for contribution assessments from historic gross-billed revenues to projected collected revenues.19 This change addressed 15 47 C.F.R. §54.711(b). 16 47 C.F.R. §54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 19 See Federal-State Joint Board on Universal Service,
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  • this change. The "Circularity Adjustment" represents the industry's actual contributions during the prior quarter as reported by USAC. This eliminated circularity as a reason for carriers to inflate pass through charges. In December 2002, the Commission adopted an order that changed the basis for contribution assessments from historic gross-billed revenues to projected collected revenues.19 This change addressed 15 47 C.F.R. §54.711(b). 16 47 C.F.R. §54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 19 See Federal-State Joint Board on Universal Service,
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  • surcharges, and the Commission would use these revenue totals along with total estimated program requirements to calculate the contribution factor.18 In anticipation of this 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. §54.711(b). 16 47 C.F.R. §54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 1 -7 double assessment, providers would frequently inflate
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  • surcharges, and the Commission would use these revenue totals along with total estimated program requirements to calculate the contribution factor.18 In anticipation of this 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. §54.711(b). 16 47 C.F.R. §54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 1 -7 double assessment, providers would frequently inflate
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  • TRS, NANPA, and LNPA support mechanisms. 14 The revenue categories presented in Tables 1.5 through 1.7 are explained in the Form 499-A filing instructions. 15 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 16 47 C.F.R. §54.711(b). 1 - 5 Program Requirements and Contribution Factors Contributors make payments into the USF based on their interstate and international end user telecommunications revenues. Contributors report their revenue data to USAC, which collects the data and reports them to the Commission. The Commission reviews program requirements and the revenue data and determines the appropriate contribution factor. The Commission's Office of
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  • Agents, Inc., 1090 Vermont Avenue, N.W., Washington, D.C. 20005. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. § 54.709(a)(4-5). 47 C.F.R. § 54.713. Letter from Charles W. Kelley, Chief, Investigations and Hearings Division, Enforcement Bureau, to PTT Telekom, Inc. dated February 1, 2001. The Enforcement Bureau mailed the February 1, 2000 letter to PTT by certified mail, return receipt requested. The
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  • affecting universal service. For purposes of this Notice, the term "carrier" is synonymous with all filers of universal service contribution worksheets. Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (the Act). The 1996 Act amended the Communications Act of 1934. 47 U.S.C. §§ 151, et seq. 47 U.S.C. § 254. See 47 C.F.R. §§ 54.706, 54.709, 54.711. For purposes of this Order and unless otherwise stated, the term ``end-user revenues'' shall refer to a contributor's interstate and international end-user telecommunications revenues. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9199, para. 829, 9211, para. 855 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum, CC
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  • publishes such definition in the Federal Register." 15 U.S.C. § 632. See, e.g., Brown Transport Truckload, Inc. v. Southern Wipers, Inc., 176 B.R. 82 (N.D. Ga. 1994). 13 C.F.R. § 121.201. 13 C.F.R. § 121.210, SIC Code 4813. See Industry Analysis Division, Federal Communications Commission, Trends in Telephone Service, Tbl. 5.3 (Dec. 2000) (Trends in Telephone Service); 47 C.F.R. § 54.711 et seq. Trends in Telephone Service, Table 5.3 ALLTEL Comments at 4. See, e.g., ALTS Comments at 35 (``mandatory detariffing could be very costly for CLECs''). . We note that many CLECs sought action from the Commission precisely because IXCs threatened to cut off traffic and had stopped paying for CLEC switched access services. See RICA Comments at 21. See,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Z Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service Petition of Federal Transtel, Inc. for Waiver of the Universal Service Fund Contribution Requirements Under Sections 54.703, 54.709, and 54.711 of the Commission's Rules ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 AND ORDER ON RECONSIDERATION Adopted: September 18, 2001 Released: September 20, 2001 By the Commission: introduction In this Order, we deny the request of Federal Transtel, Inc. (Federal Transtel) to waive or reconsider the Commission's rules and permit Federal Transtel to recalculate
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  • 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 basis the new
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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 Federal-State Joint Board on Universal Service Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc. ) ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 Adopted: February 9, 2001 Released: February 13, 2001 By the Commission: Commissioner Furchtgott-Roth issuing a separate statement. introduction In this Order, we deny the petition of Operator Communications, Inc. d/b/a Oncor Communications, Inc.
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  • 1). Carriers will continue to receive annual true-ups when they file their Forms 499-A in April of each year. USAC will file projected program demand data at least 60 days prior to the start of a quarter and total contribution base revenue data at least 30 days prior to the start of a quarter. The Commission delegates authority under section 54.711(c) to the Common Carrier Bureau to take whatever additional steps are necessary to implement the contribution methodology adopted herein. In addition, the Commission directs USAC and the other fund administrators to devise an appropriate cost allocation plan for the additional costs for collecting, validating, and distributing the contributor data provided in the Form 499-Q. procedural matters Paperwork Reduction Act 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, and
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  • 499 that indicates whether they have reported revenues based on one of the safe harbor approaches. The Certification Statement in Form 499 will apply to this information. 47 C.F.R. §§ 54.706, 54.709. We remind filers that USAC monitors carrier filings for compliance with the reporting requirements and advises the Commission on any enforcement issues that arise. See 47 C.F.R. § 54.711 (a). Further Notice, 13 FCC Rcd at 21542, para. 20. The ``all-carrier'' rule required that all carriers owning basic transmission facilities disclose to the public all information relating to network design ``insofar as such information affects either intercarrier interconnection or the manner in which interconnected CPE operates.'' Computer III March 1999 Order, 14 FCC Rcd at 4320-23, paras. 48-53. Id.
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  • 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 have access to all data reported to the Administrator. Contributors may make requests for Commission nondisclosure of company-specific revenue information under § 0.459 of this chapter by so indicating on the Telecommunications Reporting Worksheet at the
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  • 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 such entity's projected collected interstate end-user telecommunications revenues, net of projected contributions. For purposes of this paragraph, an "entity" shall refer to the entity that is subject to the universal service reporting requirements in 47 CFR 54.711 and shall include all of that entity's affiliated providers of telecommunications services. * * * * * 2. Amend section 54.709 to revise paragraphs (a), (a)(1), and the first sentence of paragraph (a)(2) as follows: § 54.709 Computations of required contributions to universal service support mechanisms. (a) Prior to April 1, 2003, contributions to the universal service support mechanisms shall
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  • to the federal universal service support mechanisms for high cost areas, low-income consumers, schools and libraries, and rural health care providers based only on such entity's interstate end-user telecommunications revenues, net of prior period actual contributions. For purposes of this paragraph, an ``entity'' shall refer to the entity that is subject to the universal service reporting requirements in 47 C.F.R. 54.711 and shall include all of that entity's affiliated providers of telecommunications services. * * * * * 3. Section 54.709 is amended by revising paragraph (a), paragraph (a)(1) and the first sentence of paragraph (a)(2) to read as follows: § 54.709 Computations of required contributions to universal service support mechanisms. (a) Contributions to the universal service support mechanisms shall be
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  • 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 and circumstances surrounding this matter, we find that Globcom is apparently liable for a total forfeiture of $806,861. We further order Globcom to submit within 30 days, either as part of a response to
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  • the Commission's rules. The requester stated that a protective order could be used to limit further disclosure of the USF data if it was determined to be confidential. The Bureau granted in part and denied in part Lakin's FOIA request. The Bureau explained that the amounts paid by individual contributors to the USF are considered confidential under 47 C.F.R. § 54.711(b) and may not be disclosed unless directed by the Commission. It explained that disclosure of these amounts ``could be used to determine growth and placement of competitive lines of business, and general market segmentation and position,'' with concomitant substantial competitive harm to the carriers. The Bureau identified the public sources of orders related to the pass through of universal service
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  • April 22, 2002, at 12-13; Reply Comments of the Concerned Paging Carriers, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, 95-116, filed May 13, 2002, at 8. Contributors to universal service must submit their revenue information to the Universal Service Administrative Company using the Form 499-A and Form 499-Q, which are the Telecommunications Reporting Worksheets. See 47 C.F.R. § 54.711; see also Interim Contribution Methodology Order. See Interim CMRS Safe Harbor Order, 13 FCC Rcd at 21258, para. 11. (...continued from previous page) (continued....) Federal Communications Commission FCC 04-260 Federal Communications Commission FCC 04-260 h $ F S ä å æ ç è é ê ë ì í î ï ð ñ ò ó ô õ ``" §p _ I
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  • the universal service support mechanisms, as well as to the TRS Fund, the cost recovery for numbering administration, and the cost recovery for the shared costs of local number portability. In addition, the information is used by carriers to comply with the Commission's registration requirement for new and existing carriers providing interstate telecommunications service. See 47 C.F.R. §§ 52.1(b), 52.32(b), 54.711(a), 64.604(c)(4)(iii)(B), and 64.1195. Federal Communications Commission FCC 04-70 40 identification number,21 and a list of the international section 214 authorizations that it holds. In addition, the carrier would provide basic information about the services that it provided the previous year. Based on the services the responding carrier reported, the schedule would inform the carrier which other schedules, if any, the
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  • Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21, 96-45, Order, 15 FCC Rcd 22975, 22979-981, ¶¶ 9-15 (2000); Changes to the Board of Directors to the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21, 96-45, Order, FCC 99-291 (rel. Oct. 8, 1999). See 47 C.F.R. §§ 54.702(b)-(m), 54.711, 54.715. 47 C.F.R. § 54.719. See 47 C.F.R. § 54.702(n); Application of Generally Accepted Accounting Principles for Federal Agencies and Generally Accepted Government Auditing Standards to the Universal Service Fund, CC Docket No. 96-45, Order, 18 FCC Rcd 19911, 19912-13, ¶¶ 4-6 (2003) (``GovGAAP Order''). GovGAAP Order, 18 FCC Rcd at 19912-13, ¶¶ 4-6. 47 C.F.R. §§ 54.702(c)-(d). 47 C.F.R.
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  • upon the facts and circumstances surrounding this matter we conclude that this company is apparently liable for a total forfeiture of $819,905. We specifically find that InPhonic, Inc. (``InPhonic'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until January 2005. We also find that InPhonic has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2004. Finally, we find that InPhonic has apparently violated section 254(d) of the Communications Act 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
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  • of the facts and circumstances surrounding this matter, we conclude that Teletronics is apparently liable for a total forfeiture of $692,000. Specifically we find Teletronics has apparently violated sections 64.1195(a) of the Commission's rules by willfully and repeatedly failing to register with the Commission from April 2, 2001 to the current date. We also conclude that Teletronics has apparently violated 54.711(a), 64.604(c)(5)(iii)(B), and 52.17(b) of our rules by failing to submit certain Telecommunications Reporting Worksheets from 1999 to the current date. We further find that Teletronics has apparently violated sections 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
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  • 1934, as amended (the ``Act''), and with the exception of a few isolated acts of post-investigative compliance, this carrier continues a pattern of egregious non-compliance. Based upon the facts and circumstances surrounding this matter we conclude that this company is 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
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  • filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. § 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. § 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice, 18 FCC Rcd 11442 (Wir. Comp. Bur. 2003) (``Contribution payments are due on the date shown on the [USAC] invoice.'') The
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  • filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. § 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. § 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice, 18 FCC Rcd 11442 (Wir. Comp. Bur. 2003) (``Contribution payments are due on the date shown on the [USAC] invoice.'') The
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  • federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to the universal service program. Based upon the facts and circumstances surrounding this matter we conclude that this 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
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  • and circumstances surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $529,300. We specifically find that Telecom House, Inc. (``Telecom House'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until September 2004. We also find that Telecom House has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2001 to 2005. Finally, we find that Telecom House has apparently violated section 254(d) of the 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
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  • program. Based upon the facts and circumstances surrounding this matter we conclude that this carrier is apparently liable for a total forfeiture of $462,638. We specifically find that CSII has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until February 2005. We also find that CSII has apparently violated section 54.711(a) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2005. Finally, we find that CSII has apparently violated section 254(d) of the Communications Act of 1934, 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
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  • surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $236,774. We specifically find that Global Teldata II, LLC (``Global Teldata'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until November 17, 2004. We also find that Global Teldata has apparently violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004. Finally, we find that Global Teldata has apparently violated section 254(d) of 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'')
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  • we find Local Phone Services, Inc., d/b/a Best Phone (``LPSI''), a telecommunications carrier that has been operating and at least indirectly benefiting from federal programs supporting the telecommunications industry for over two years, apparently failed to meet 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
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  • 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 of
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  • 2004 Letter''), Response to Inquiry 5. 47 U.S.C. § 254(d). 47 C.F.R. §§ 54.706, 54.709. 47 C.F.R. §§ 1.1154, 1.1157(b)(1). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, ¶ 25 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). 47 C.F.R. § 54.711. See 47 C.F.R. § 54.709(a). ces for Individuals with Hearing and Speech Disabilities, and the Americans with Disabilities Act of 1990, Administration of the North American Numbering Plan and North American Numbering Plan Cost Recovery Contribution Factor and Fund Size, Number Resource Optimization, Telephone Number Portability, Truth-in-Billing and Billing Format, Report and Order and Second Further Notice of Proposed Rulemaking,
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  • must contribute to the fund. See 47 C.F.R. § 54.706(a)(3), (16). 47 U.S.C. § 254(d). 47 C.F.R. §§ 54.706, 54.709. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, ¶ 25 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). 47 C.F.R. § 54.711. See 47 C.F.R. § 54.709(a). ce 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 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 and Second Further
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  • Act or a Commission rule. As discussed below, we find by a preponderance of the evidence that Globcom has willfully and repeatedly 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 failing to contribute to the universal service and the TRS funds. In addition, we find that Globcom willfully and repeatedly violated section 54.711(a) of the Commission's rules by failing to file complete and accurate interstate and international revenue information. We credit Globcom's argument that there should be a downward adjustment in the forfeiture amount because USAC has amended its invoices since the date of the Globcom NAL to reflect a lower outstanding debt for the relevant period based on additional and revised revenue
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  • 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 before
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  • C.F.R. § 54.701(a); see Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25069-70, ¶ 20 (1998) (``USAC Appointment Order''). See 47 C.F.R. §§ 54.702(b)-(m), 54.711, 54.715. 47 C.F.R. §§ 54.702(c)-(d). 47 C.F.R. § 54.701(a). See USAC Appointment Order, 13 FCC Rcd at 25069-70, ¶ 20. Program Management NPRM, 20 FCC Rcd at 11314, ¶ 11. Id. Id., 20 FCC Rcd at 11317, ¶ 19. Currently, USAC assesses a late filing fee for both the Form 499-A and 499-Q and a late payment fee. USAC Comments
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  • earlier proceeding determined that BOI (a) failed to make required universal service contributions in violation of Section 254(d) of the Act and Section 54.706 of the Commission's rules; (b) failed to make required contributions to the Telecommunications Relay Services Fund in violation of Section 64.604(c)(5)(iii)(A) of the Commission's rules; and (c) failed to file Telecom ReportingWorksheets in violation of Sections 54.711, 54.713 and 64.604(c)(iii)(B) of the Commission's rules. Consequently, with respect to the range of sanctions relating to violations of the Consent Decree, it shall be determined whether the Kintzel brothers are subject to a forfeiture in an amount not to exceed $1,538,533.52. 19. In addition to issues relating to compliance with the Consent Decree, issues are also specified below to
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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, 7535, para. 29 (2006) (2006 Contribution Methodology Order). The Commission requires contributors to report their end user telecommunications revenues on a quarterly basis (FCC Form 499-Q) and on an annual basis (FCC Form 499-A). See 47 C.F.R. § 54.711(a). Telecommunications Act of 1996, Pub.L.No. 104-104, 110 Stat. 56 (1996) (1996 Act). The 1996 Act amended the Communications Act of 1934 (the Act). See 47 U.S.C. §§ 151, et seq. 47 U.S.C. § 254(b). 47 U.S.C. §§ 254(b)(4), (5). The Commission adopted the additional principle that federal support mechanisms should be competitively neutral, neither unfairly advantaging nor disadvantaging particular service
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  • 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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  • 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 material
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  • 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 Relay Service (``TRS'') Fund. The Further Notice of Apparent Liability for Forfeiture finds that InPhonic apparently is in violation of section 214(a) of the Act, and section 63.18 of the Commission's rules, by
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  • Order of Forfeiture, we assess a monetary forfeiture of $236,774 against Global Teldata II, LLC (``Global Teldata''). Following the Notice of Apparent Liability and Order the Commission issued on October 31, 2005, we find that Global Teldata willfully and repeatedly violated section 64.1195 of the Commission's rules by failing to register with the Commission until November 17, 2004, and section 54.711(a) of those rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004. In addition, we find that Global Teldata willfully and repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by failing to contribute to the Universal Service Fund (``USF'') in 2004 and
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  • Commission will 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;
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  • by John E. Wall, Jr. of the denial by the Wireline Competition Bureau (WCB) of his Freedom of Information Act (FOIA) request. Pursuant to FOIA Exemption 4, 5 U.S.C. § 552(b)(4), we deny the application for review. Wall's FOIA request sought ``[a]ll supporting worksheets and FCC Form 499-A filings made by MCI/WorldCom for the years 1995 to present.'' Under section 54.711(b) of our rules, ``Contributors [to universal service support programs] may make requests for Commission nondisclosure of company-specific revenue information under § 0.459 of this chapter by so indicating on the Telecommunications Reporting Worksheet at the time that the subject data are submitted.'' MCI sought confidential treatment of its filings, and therefore WCB sought comment by MCI, Inc. concerning the FOIA
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  • Apparent Liability for Forfeiture ) ) ) ) ) ) File No. EB-05-IH-2348 NAL/Acct. No. 200832080084 FRN No. 0007-9604-20 NOTICE OF APPARENT LIABILITY FOR FORFEITURE & ORDER Adopted: April 16, 2008 Released: April 17, 2008 By the Commission: INtroduction In this 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
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  • Adopted: May 15, 2008 Released: May 19, 2008 By the Commission: I. INTRODUCTION In this Order of Forfeiture, we impose a forfeiture of $436,765 against Local Phone Services, Inc., d/b/a Best Phone (``LPSI''). The Order of Forfeiture 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
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  • 22 FCC Rcd at 16387, para. 27. Pursuant to section 1.80 of the Commission's rules, failure to file required forms or information carries a base forfeiture amount of $3,000 per instance and is subject to adjustment criteria. See 47 C.F.R. § 1.80. Comprehensive Review Report and Order, 22 FCC Rcd at 16372, para. 27; see also 47 C.F.R. §§ 54.706(e), 54.711(a). See Comprehensive Review Report and Order, 22 FCC Rcd at 16372, para. 27; 47 C.F.R. § 54.706(e). See Comprehensive Review Report and Order, 22 FCC Rcd at 16387, paras. 27-28. We note that contributors who also report NRUF data to the NANPA are currently required to maintain internal records of their numbering resources for audit purposes. NRO I Order, 15
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  • 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 Consent
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  • Order in CC Docket No. 96-262, 15 FCC Rcd 1679, 1687, ¶ 18 (1999); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Board on Universal Service, Second Order on Reconsideration, 12 FCC Rcd 22423, 22425, ¶ 3 (1997). Carriers must pay by the date shown on the invoice from the Administrator. 47 C.F.R. § 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Second Quarter 2006 Contribution Factor,'' Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) (``Contribution payments are due on the date shown on the invoice.''). See also
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  • 19954, ¶ 17 (2000); Interim Contribution Order, 17 FCC Rcd at 24971-72, ¶ 35; Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Board on Universal Service, Second Order on Reconsideration, 12 FCC Rcd 22423, 22425, ¶ 3 (1997). Carriers must pay by the date shown on the invoice from the Administrator. 47 C.F.R. § 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and dates by which payments must be made.'') See, e.g., ``Proposed Second Quarter 2006 Universal Service Contribution Factor,'' Public Notice, 21 FCC Rcd 2379, 2381 (Wireline Comp. Bur. 2006) (``Contribution payments are due on the date shown on the [administrator]
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  • 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 obtain
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  • (1998); 47 C.F.R. § 54.701(a). USAC is responsible for performing numerous functions including, but not limited to, billing USF contributors, collecting USF contributions, disbursing funds, recovering improperly disbursed funds, processing appeals of funding decisions, submitting periodic reports to the Commission, maintaining accounting records, conducting audits of contributors and beneficiaries, and providing outreach to interested parties. See 47 C.F.R. §§ 54.702(b)-(m), 54.711, 54.715. . See generally 2008 FCC-USAC MOU. 2008 FCC-USAC MOU at paragraph III.B.3. USAC engages in frequent consultations with the Commission. Currently, the Telecommunications Access Policy Division of the Wireline Bureau works with USAC to implement administration of the USF. Personnel from other Commission bureaus and offices such as the Office of the Managing Director (``OMD''), the Enforcement Bureau, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-192A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-192A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-192A1.txt
  • 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, 5481, para. 298. The forms are filed with the Universal Service Administrative Company (``USAC''), which is the entity responsible for administering and managing the fund. See 47 C.F.R. § 54.711(a). (USAC Form 499 Filing Schedule). Id. See http://fjallfoss.fcc.gov/cgb/form499/499a.cfm. The Paperwork Reduction Act of 1995 (``PRA''), Pub. L. No. 104-13, 109 Stat 163 (1995) (codified in Chapter 35 of title 44 U.S.C.). Specifically, the PRA requires: (b) With respect to general information resources management, each agency shall-- (1) manage information resources to-- (A) reduce information collection burdens on the public; (B)
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  • 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 of $800,700.
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  • Failure by some providers to pay their share into the USF skews the playing field by giving them an economic advantage over their competitors, who must then shoulder more than their fair share of the costs of universal service. The Commission has established specific procedures for the administration of the USF and other associated federal regulatory programs. Pursuant to section 54.711(a) of the Commission's rules, a carrier is required to file FCC Form 499-A, also known as the annual Telecommunications Reporting Worksheet (``annual Worksheet'' or ``Form 499-A''), for the purpose of determining its USF, Telecommunications Relay Services Fund (``TRS Fund''), Local Number Portability (``LNP''), and North American Numbering Plan (``NANP'') administration and regulatory fee payments, and, with certain exceptions, to file
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  • Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25,058, 25,063-66, paras. 10-14 (1998); 47 C.F.R. § 54.701(a). The Commission appointed USAC the permanent Administrator of all of the federal universal service support mechanisms. See 47 C.F.R. §§ 54.702(b)-(m), 54.711, 54.715. USAC administers the Fund in accordance with the Commission's rules and orders. The Commission provides USAC with oral and written guidance, as well as regulation through its rulemaking process. USAC plays a critical role as day-to-day Administrator in collecting necessary information that enables the Commission to oversee the entire universal service fund. See, e.g., Memorandum of Understanding Between the
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  • section 52.32 of its rules, which requires, among other things, that all telecommunications carriers contribute to the costs of local number portability on the basis of their end-user telecommunications revenues for the prior calendar year. The Commission has established specific procedures for the administration of the USF, TRS, local number portability, and other associated federal regulatory programs. Pursuant to section 54.711(a) of the Commission's rules, a carrier is required to file FCC Form 499-A, also known as the annual Telecommunications Reporting Worksheet (``annual Worksheet'' or ``Form 499-A''), for the purpose of determining its USF, TRS Fund, LNP, and North American Numbering Plan (``NANP'') administration and regulatory fee payments, and with certain exceptions, to file Quarterly Telecommunications Reporting Worksheets (``quarterly Worksheet'' or
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  • of the Act, codified at 47 U.S.C. § 153(36); Senate Report at 6. We note that, although carriers and interconnected VoIP service providers also file FCC Form 499-Q in connection with the Commission's USF contribution requirements, FCC Form 499-Q is not required for purposes of the Commission's TRS Fund contribution requirements. See FCC Form 499-A Instructions. See 47 C.F.R. § 54.711(c). 47 C.F.R. §§ 64.604(c)(5)(iii)(A) and (B). See 47 C.F.R. §§ 64.604(c)(5)(iii)(A) and 64.601(b). Senate Report at 6; House Report at 23. Senate Report at 7. 47 U.S.C. § 225(d)(3)(B) (emphasis added). Senate Report at 6. Id. 47 C.F.R. § 64.604(c)(5)(iii)(A). See In the Matter of Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the Americans with Disabilities Act
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  • 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 recovery
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  • the universal service support mechanisms, as well as to the TRS Fund, the cost recovery for numbering administration, and the cost recovery for the shared costs of local number portability. In addition, the information is used by carriers to comply with the Commission's registration requirement for new and existing carriers providing interstate telecommunications service. See 47 C.F.R. §§ 52.1(b), 52.32(b), 54.711(a), 64.604(c)(4)(iii)(B), and 64.1195. CORES is a web-based, password-protected, registration system that assigns a unique 10-digit FCC Registration Number (FRN) for use when doing business with the FCC. See New Commission Registration System (CORES) to be Implemented July 19, Public Notice, 15 FCC Rcd 18754 (2000). 5 U.S.C. § 603(c)(1)-(c)(4). See FCC, 2009 International Telecommunications Data, p. 1, Statistical Findings (April
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-76A1_Rcd.pdf
  • the universal service support mechanisms, as well as to the TRS Fund, the cost recovery for numbering administration, and the cost recovery for the shared costs of local number portability. In addition, the information is used by carriers to comply with the Commission's registration requirement for new and existing carriers providing interstate telecommunications service. See 47 C.F.R. §§ 52.1(b), 52.32(b), 54.711(a), 64.604(c)(4)(iii)(B), and 64.1195. 56CORES is a web-based, password-protected, registration system that assigns a unique 10-digit FCC Registration Number (FRN) for use when doing business with the FCC. See NewCommission Registration System (CORES) to be Implemented July 19, Public Notice, 15 FCC Rcd 18754 (2000). 7348 Federal Communications Commission FCC 11-76 33. Proposed Schedule 2 would require filing entities to report
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  • telecommunications relay services. Pursuant to Section 64.604(c)(5)(iii)(A) of the Commission's rules, every provider of interstate or international telecommunications services must contribute to the TRS Fund based upon its end-user revenues. The Commission has established specific procedures for administration of the TRS Fund and other associated federal regulatory programs. These include the requirement that each telecommunications provider file, pursuant to Section 54.711(a) of the Commission's rules, accurate company-specific revenue data on Form 499-A annually. The information reported on Form 499-A is used to determine the telecommunications provider's payment obligations to the TRS Fund and other regulatory programs. These periodic filings trigger a determination of liability, if any, and subsequent billing and collection by the entities that administer the regulatory programs. Providers must
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  • force of binding rules, or whether they constitute non-binding agency guidance. Other parties have argued that the Commission should provide a more transparent process for modifying the Form 499 instruction changes. Discussion. We propose to adopt a formalized annual process for the Bureau to update and adopt the Telecommunications Reporting Worksheets and their accompanying instructions. We propose to amend section 54.711 to include the following proposed rule: Telecommunications Reporting Worksheet Revisions. The Wireline Competition Bureau shall annually issue a Public Notice seeking comment on the Telecommunications Reporting Worksheets and accompanying instructions. No later than 60 days prior to the annual filing deadline, the Wireline Competition Bureau shall issue a Public Notice attaching the finalized Telecommunications Reporting Worksheet and instructions. Adopting such
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  • 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 North American Numbering Plan (NANP); (4) Section 251(e)(2) of the Act and Section 52.32(a) of the Commission's rules by willfully or
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.pdf
  • Portability 12. In the 1996 Act, Congress stated that all local exchange carriers have the duty to provide number portability in accordance with requirements prescribed by the Commission.32 Local number portability (LNP) allows customers to retain their telephone 96-45, DA 98-1336 (rel. July 15, 1998). 26 Universal Service Order , 12 FCC Rcd at 9206-07. 27 See 47 C.F.R. § 54.711. 28 Pub. L. No. 101-336, § 401, 104 Stat. 327, 366-69 (adding section 225 to the Communications Act of 1934, as amended, 47 U.S.C. § 225). 29 47 U.S.C. § 225(d)(3)(B). 30 47 C.F.R. § 64.601 et seq. See Telecommunications Relay Services and the Americans With Disabilities Act of 1990 , Third Report and Order, FCC 93-357, CC Docket No.
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  • affecting universal service. For purposes of this Notice, the term "carrier" is synonymous with all filers of universal service contribution worksheets. Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (the Act). The 1996 Act amended the Communications Act of 1934. 47 U.S.C. §§ 151, et seq. 47 U.S.C. § 254. See 47 C.F.R. §§ 54.706, 54.709, 54.711. For purposes of this Order and unless otherwise stated, the term ``end-user revenues'' shall refer to a contributor's interstate and international end-user telecommunications revenues. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9199, para. 829, 9211, para. 855 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum, CC
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  • international end-user telecommunications revenues. The Commission shall approve the Administrator's, the Schools and Libraries Corporation's, and the Rural Health Care Corporation's quarterly projected costs of universal service support programs, taking into account demand for support and administrative expenses. The total subject revenues shall be compiled by the Administrator based on information contained in the Universal Service Worksheets described in § 54.711(a). (3) Total projected expenses for universal service support programs for each quarter must be approved by the Commission before they are used to calculate the quarterly contribution factors and individual contributions. For each quarter, the High Cost and Low Income Committee or the permanent Administrator once the permanent administrator is chosen and the Schools and Libraries and Rural Health Care
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  • publishes such definition in the Federal Register." 15 U.S.C. § 632. See, e.g., Brown Transport Truckload, Inc. v. Southern Wipers, Inc., 176 B.R. 82 (N.D. Ga. 1994). 13 C.F.R. § 121.201. 13 C.F.R. § 121.210, SIC Code 4813. See Industry Analysis Division, Federal Communications Commission, Trends in Telephone Service, Tbl. 5.3 (Dec. 2000) (Trends in Telephone Service); 47 C.F.R. § 54.711 et seq. Trends in Telephone Service, Table 5.3 ALLTEL Comments at 4. See, e.g., ALTS Comments at 35 (``mandatory detariffing could be very costly for CLECs''). . We note that many CLECs sought action from the Commission precisely because IXCs threatened to cut off traffic and had stopped paying for CLEC switched access services. See RICA Comments at 21. See,
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  • Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96-45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6. NECA Report and Order at para. 57. 7. NECA Report and Order at para. 47. 8. NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9. NECA Report and Order at para. 48. 10. Proposed First Quarter Universal Service Contribution Factors, Public Notice, DA 97-2392 (rel. Nov. 13, 1997). On November 19, 1997, AT&T filed comments on the November 13th Public Notice. See Letter from Rick D. Bailey, AT&T, to Magalie Roman Salas, FCC, dated November 19, 1997. 11. 47 C.F.R. 54.709(a)(3). 12. Extended Review
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  • Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96- 45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6 NECA Report and Order at para. 57. 7 NECA Report and Order at para. 47. 8 NECA Report and Order at paras. 43-48. See also 47 C.F.R. §§ 54.709(a)(2), (3), and 54.711(b). 9 NECA Report and Order at para. 48. 10 Federal-State Joint Board on Universal Service, Third Order on Reconsideration, CC Docket 96-45, FCC 97- 411 (rel. Dec. 16, 1997). 11 First Quarter 1998 Universal Service Contribution Factors Revised and Approved, Public Notice, DA 97- 2623 (rel. December 16, 1997). 2 On July 18, 1997, the Commission released an Order directing
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  • Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96-45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6. NECA Report and Order at para. 57. 7. NECA Report and Order at para. 47. 8. NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9. NECA Report and Order at para. 48. 10. Federal-State Joint Board on Universal Service, Third Order on Reconsideration, CC Docket 96-45, FCC 97-411 (rel. Dec. 16, 1997). 11. First Quarter 1998 Universal Service Contribution Factors Revised and Approved, Public Notice, DA 97-2623 (rel. December 16, 1997). 12. Because this table lists expenses, positive income flows are denoted with parentheses.
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  • authority to direct the performance of audits of schools and libraries and rural health care provider beneficiaries of universal service support.19 The Commission also oversees the structure and content of the annual independent audit that USAC, SLC and RHCC are required to 20 47 C.F.R. § 69.621. 21 47 U.S.C. §§ 503(b)(1)(B) and (2)(C). 22 18 U.S.C. § 1001. Section 54.711(a) of the Commission's rules, 47 C.F.R. § 54.711(a), provides, inter alia, that "[i]naccurate or untruthful information contained in the Universal Service Worksheet may lead to prosecution under the criminal provisions of Title 18 of the United States Code." Similarly, section 54.713 of the Commission's rules, 47 C.F.R. § 54.713, provides, inter alia, that "[f]ailure to file the Universal Service Worksheet
• http://transition.fcc.gov/Forms/Form499-A/499a-2012.pdf
  • obligations to register with the Federal Communications Commission.6 II. Filing Requirements and General Instructions A. Who Must File With very limited exceptions, all intrastate, interstate, and international providers of telecommunications in the United States7 must file this Worksheet.8 Telecommunications providers that are contributors to 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).
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  • 2000 to 1998 invoices. By letter from Barry P. Miller, Esquire to Scott Barasch at USAC, dated January 10, 2001, NATN proposed to pay off its indebtedness, as recalculated by it, in 36 monthly installments. Subsequently, NATN advised that it made a payment equal to its January 2001 contribution as billed by USAC on February 22, 2001. 47 C.F.R. § 54.711, provides that ``[c]ontributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet.'' That worksheet (and its predecessor, the Universal Service Worksheet) requires carriers to report revenue for the prior year. USAC then calculates the carrier's contribution based on that reported revenue. See NECA Changes Order, 12 FCC Rcd at 18424, 18442, 18501-02; 1998 Biennial Regulatory Review -
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  • Suite 200, Cherry Hill, New Jersey 08002. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. § 54.709(a)(4-5). 47 C.F.R. § 54.713. Letter from David H. Solomon, Chief, Enforcement Bureau, to Advanced Telecom. Network, Inc. dated August 7, 2000. The Enforcement Bureau mailed the August 7, 2000 letter to Advanced certified mail, return receipt requested. The return receipt reflects that
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  • Agents, Inc., 1090 Vermont Avenue, N.W., Washington, D.C. 20005. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. § 54.709(a)(4-5). 47 C.F.R. § 54.713. Letter from Charles W. Kelley, Chief, Investigations and Hearings Division, Enforcement Bureau, to PTT Telekom, Inc. dated February 1, 2001. The Enforcement Bureau mailed the February 1, 2000 letter to PTT by certified mail, return receipt requested. The
• http://transition.fcc.gov/eb/Orders/2003/FCC-03-231A1.html
  • (``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 and circumstances surrounding this matter, we find that Globcom is apparently liable for a total forfeiture of $806,861. We further order Globcom to submit within 30 days, either as part of a response to
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2852A1.html
  • 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 of
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  • 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 hereto
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  • West Monroe, 8th Floor Mailroom, Chicago, IL 60661. Payment by wire transfer may be made to ABA Number 071000013, receiving bank Bank One, and account number 1165259. 18. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. 54.711, BigZoo.com Corporation shall fully respond to the October 15, 2004, Letter of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. 19. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief, Investigations and Hearings Division,
• http://transition.fcc.gov/eb/Orders/2004/DA-04-657A1.html
  • 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 the
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  • 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 also put BOI, BUZZ and/or U.S. Bell/LINK on notice that the Commission could order a forfeiture for the failure to make required universal service contributions and a forfeiture of as much as $10,000 for each failure to file required TRS contributions and for each failure to file Telecommunications Reporting Worksheets.13
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  • 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 15. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. 54.711, QuickLink Telecom, Inc., shall fully respond to the October 15, 2004, Letter of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. 16. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief, Investigations and Hearings
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  • 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 conclude
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2989A1.html
  • 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 the
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  • 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 16. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. 54.711, Blackstone Calling Card, Inc., shall fully respond to the October 2004 and June 2005 Letters of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. 17. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief,
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  • the facts and circumstances surrounding this matter we conclude that this company is apparently liable for a total forfeiture of $819,905. 2. We specifically find that InPhonic, Inc. (``InPhonic'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until January 2005.1 We also find that InPhonic has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2004.2 Finally, we find that InPhonic has apparently violated section 254(d) of the Communications Act 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
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-146A1.html
  • the facts and circumstances surrounding this matter, we conclude that Teletronics is apparently liable for a total forfeiture of $692,000. 2. Specifically we find Teletronics has apparently violated sections 64.1195(a) of the Commission's rules by willfully and repeatedly failing to register with the Commission from April 2, 2001 to the current date.1 We also conclude that Teletronics has apparently violated 54.711(a), 64.604(c)(5)(iii)(B), and 52.17(b) of our rules by failing to submit certain Telecommunications Reporting Worksheets from 1999 to the current date. 2 We further find that Teletronics has apparently violated 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
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  • amended (the ``Act''),1 and with the exception of a few isolated acts of post-investigative compliance, this carrier continues a pattern of egregious non- compliance. Based upon the facts and circumstances surrounding this matter we conclude that this company is apparently 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
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  • upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 18See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice, 18 FCC Rcd 11442 (Wir. Comp. Bur. 2003) (``Contribution payments are due on the date shown on the [USAC] invoice.'') The
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  • upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 8See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice, 18 FCC Rcd 11442 (Wir. Comp. Bur. 2003) (``Contribution payments are due on the date shown on the [USAC] invoice.'') The
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  • programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to the universal service program. Based upon the facts and circumstances surrounding this matter we conclude that this company 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
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  • circumstances surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $529,300. 2. We specifically find that Telecom House, Inc. (``Telecom House'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until September 2004.1 We also find that Telecom House has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2001 to 2005.2 Finally, we find that Telecom House has apparently violated section 254(d) of the 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
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  • Based upon the facts and circumstances surrounding this matter we conclude that this carrier is apparently liable for a total forfeiture of $462,638. 2. We specifically find that CSII has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until February 2005.1 We also find that CSII has apparently violated section 54.711(a) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2005.2 Finally, we find that CSII has apparently violated section 254(d) of the Communications Act of 1934, 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
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  • this matter, we conclude that this company is apparently liable for a total forfeiture of $236,774. 2. We specifically find that Global Teldata II, LLC (``Global Teldata'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until November 17, 2004.1 We also find that Global Teldata has apparently violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004.2 Finally, we find that Global Teldata has apparently violated section 254(d) of 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'')
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  • 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 on
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  • 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 254(d)
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  • 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) of
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  • Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 14. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. SS 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. S 54.711, Universal Telecommunications, Inc., shall fully respond to the August 2005 and October 2005 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. 15. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport,
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1512A1.html
  • 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 absence
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2451A1.html
  • 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 absence
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  • Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 15. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. SS 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. S 54.711, Unicom Communications, L.L.C. shall fully respond to the October 28, 2004 Letter of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. 16. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief, Investigations and
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-127A1.html
  • we find Local Phone Services, Inc., d/b/a Best Phone ("LPSI"), a telecommunications carrier that has been operating and at least indirectly benefiting from federal programs supporting the telecommunications industry for over two years, apparently failed to meet 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
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-135A1.html
  • 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 the
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-136A1.html
  • 20, 2004 Letter"), Response to Inquiry 5. 47 U.S.C. S 254(d). 47 C.F.R. SS 54.706, 54.709. 47 C.F.R. SS 1.1154, 1.1157(b)(1). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See 47 C.F.R. S 54.709(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration (in CC Docket No. 96-45), Eighth Report and Order (in CC Docket No. 96-45), and Sixth Report and Order (in CC Docket No. 96-262), 15 FCC Rcd 1679, 1687, P 18 (1999); Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and
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  • that must contribute to the fund. See 47 C.F.R. S 54.706(a)(3), (16). 47 U.S.C. S 254(d). 47 C.F.R. SS 54.706, 54.709. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See 47 C.F.R. S 54.709(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration (in CC Docket No. 96-45), Eighth Report and Order (in CC Docket No. 96-45), and Sixth Report and Order (in CC Docket No. 96-262), 15 FCC Rcd 1679, 1687, P 18 (1999); Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and
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  • or a Commission rule. 17. As discussed below, we find by a preponderance of the evidence that Globcom has willfully and repeatedly 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 failing to contribute to the universal service and the TRS funds. In addition, we find that Globcom willfully and repeatedly violated section 54.711(a) of the Commission's rules by failing to file complete and accurate interstate and international revenue information. We credit Globcom's argument that there should be a downward adjustment in the forfeiture amount because USAC has amended its invoices since the date of the Globcom NAL to reflect a lower outstanding debt for the relevant period based on additional and revised revenue
• http://transition.fcc.gov/eb/Orders/2007/DA-07-3411A1.html
  • No. EB-06-IH-2307 Communications Options, Inc. ) NAL/Acct. No. 200732080031 Apparent Liability for Forfeiture ) FRN No. 0003735230 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 26, 2007 Released: July 27, 2007 By the Chief, Enforcement Bureau: I. INtroduction 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Communications Options, Inc., ("COI"), has apparently violated section 54.711(a) of the Federal Communications Commission's (the "Commission" or "FCC") rules by willfully and repeatedly failing to maintain records and documentation to justify information reported in its Telecommunications Reporting Worksheets ("Worksheets") and provide the records and documentation to the Commission upon request. We further find that COI apparently violated a Commission order issued pursuant to sections 4(i), 4(j), 218 and 403
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4012A1.html
  • 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. 3.
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  • wire transfer may be made to: ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6229. The payment should note the NAL/Acct. No. reference above. 13. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. S: 54.711, Liberty Phones, Inc., shall fully respond to the May 31, 2007 and July 17, 2007 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. 14. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to Hillary
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4019A1.html
  • wire transfer may be made to: ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6229. The payment should note the NAL/Acct. No. reference above. 12. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. S: 54.711, Ultimate Medium Communications Corporation, shall fully respond to the June 14, 2007 and July 19, 2007 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. 13. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-122A1.html
  • 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 the
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  • earlier proceeding determined that BOI (a) failed to make required universal service contributions in violation of Section 254(d) of the Act and Section 54.706 of the Commission's rules; (b) failed to make required contributions to the Telecommunications Relay Services Fund in violation of Section 64.604(c)(5)(iii)(A) of the Commission's rules; and (c) failed to file Telecom ReportingWorksheets in violation of Sections 54.711, 54.713 and 64.604(c)(iii)(B) of the Commission's rules. Consequently, with respect to the range of sanctions relating to violations of the Consent Decree, it shall be determined whether the Kintzel brothers are subject to a forfeiture in an amount not to exceed $1,538,533.52. 19. In addition to issues relating to compliance with the Consent Decree, issues are also specified below to
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-57A1.html
  • 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 absence
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-58A1.html
  • 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 Relay Service ("TRS") Fund. The Further Notice of Apparent Liability for Forfeiture finds that InPhonic apparently is in violation of section 214(a) of the Act, and section 63.18 of the Commission's rules, by
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-59A1.html
  • Order of Forfeiture, we assess a monetary forfeiture of $236,774 against Global Teldata II, LLC ("Global Teldata"). Following the Notice of Apparent Liability and Order the Commission issued on October 31, 2005, we find that Global Teldata willfully and repeatedly violated section 64.1195 of the Commission's rules by failing to register with the Commission until November 17, 2004, and section 54.711(a) of those rules by failing to submit certain Telecommunications Reporting Worksheets ("Worksheets") prior to November 17, 2004. In addition, we find that Global Teldata willfully and repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section 54.706(a) of the Commission's rules by failing to contribute to the Universal Service Fund ("USF") in 2004 and
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-73A1.html
  • will 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. 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;
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1178A1.html
  • 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 hereto
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1322A1.html
  • 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 before
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1336A1.html
  • 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 hereto
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2551A1.html
  • 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 the
• http://transition.fcc.gov/eb/Orders/2008/DA-08-548A1.html
  • Inc. ) NAL/Acct. No. 200732080031 Apparent Liability for Forfeiture ) FRN 0003735230 ) ) ORDER OF FORFEITURE Adopted: March 13, 2008 Released: March 13, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order of Forfeiture ("Order"), we assess a monetary forfeiture of $65,000 against Communications Options, Inc. ("COI"). We find that COI willfully and repeatedly violated section 54.711(a) of the Federal Communications Commission's (the "Commission" or "FCC") rules by failing to maintain records and documentation to justify information reported in its Telecommunications Reporting Worksheets ("Worksheets") and provide the records and documentation to the Commission upon request. Further, we find that COI willfully and repeatedly violated a Commission order issued pursuant to sections 4(i), 4(j), 218 and 403 of
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-116A1.html
  • EB-05-IH-2348 ) Telrite Corporation NAL/Acct. No. 200832080084 ) Apparent Liability for Forfeiture FRN No. 0007-9604-20 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE & ORDER Adopted: April 16, 2008 Released: April 17, 2008 By the Commission: I. INtroduction 1. In this 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
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-130A1.html
  • May 15, 2008 Released: May 19, 2008 By the Commission: I. INTRODUCTION 1. In this Order of Forfeiture, we impose a forfeiture of $436,765 against Local Phone Services, Inc., d/b/a Best Phone ("LPSI"). The Order of Forfeiture 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
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-270A1.html
  • 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 the
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-96A1.html
  • Order in CC Docket No. 96-262, 15 FCC Rcd 1679, 1687, P: 18 (1999); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Board on Universal Service, Second Order on Reconsideration, 12 FCC Rcd 22423, 22425, P: 3 (1997). Carriers must pay by the date shown on the invoice from the Administrator. 47 C.F.R. S: 54.711(a) ("The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made."). See, e.g., "Proposed Second Quarter 2006 Contribution Factor," Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) ("Contribution payments are due on the date shown on the invoice."). See also
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-97A1.html
  • 19954, P: 17 (2000); Interim Contribution Order, 17 FCC Rcd at 24971-72, P: 35; Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Board on Universal Service, Second Order on Reconsideration, 12 FCC Rcd 22423, 22425, P: 3 (1997). Carriers must pay by the date shown on the invoice from the Administrator. 47 C.F.R. S: 54.711(a) ("The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and dates by which payments must be made.") See, e.g., "Proposed Second Quarter 2006 Universal Service Contribution Factor," Public Notice, 21 FCC Rcd 2379, 2381 (Wireline Comp. Bur. 2006) ("Contribution payments are due on the date shown on the [administrator]
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1073A1.html
  • U.S.C. S: 154(i). 47 C.F.R. S:S: 0.111, 0.311. 47 U.S.C. S: 254; 47 C.F.R. S: 54.706. See Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission to John Patton, CEO, Supra Telecommunications & Information Systems Acquisitions Corp., issued June 26, 2008 ("June 26, 2008 LOI"). 47 U.S.C. S: 254(d); 47 C.F.R. S:S: 54.706, 54.711, 54.713. See June 26, 2008 LOI. See Letter from Douglas D. Orvis II, Bingham McCutchen LLP, to Marlene H. Dortch, Secretary, FCC, Attn: Michele Levy Berlove, Attorney Advisor, Investigations & Hearings Division, Enforcement Bureau, FCC, dated August 11, 2008 ("LOI Response"). Federal Communications Commission DA 09-1073 2 2 Federal Communications Commission DA 09-1073 Federal Communications Commission DA 09-1073 6 Federal
• http://transition.fcc.gov/eb/Orders/2009/DA-09-740A1.html
  • 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 facts before
• 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 obtain
• http://transition.fcc.gov/eb/Orders/2010/DA-10-1290A1.html
  • 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 AllCom,
• http://transition.fcc.gov/eb/Orders/2010/DA-10-672A1.html
  • 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 Local Phone
• http://transition.fcc.gov/eb/Orders/2010/DA-10-692A1.html
  • 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 499-A
• http://transition.fcc.gov/eb/Orders/2010/DA-10-912A1.html
  • 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, 2008, the
• http://transition.fcc.gov/eb/Orders/2010/DA-10-913A1.html
  • 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 Commission's
• http://transition.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
  • 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 of $800,700.
• http://transition.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
  • by some providers to pay their share into the USF skews the playing field by giving them an economic advantage over their competitors, who must then shoulder more than their fair share of the costs of universal service. 4. The Commission has established specific procedures for the administration of the USF and other associated federal regulatory programs. Pursuant to section 54.711(a) of the Commission's rules, a carrier is required to file FCC Form 499-A, also known as the annual Telecommunications Reporting Worksheet ("annual Worksheet" or "Form 499-A"), for the purpose of determining its USF, Telecommunications Relay Services Fund ("TRS Fund"), Local Number Portability ("LNP"), and North American Numbering Plan ("NANP") administration and regulatory fee payments, and, with certain exceptions, to file
• 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 499-A
• http://transition.fcc.gov/eb/Orders/2011/FCC-11-42A1.html
  • 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 recovery
• http://transition.fcc.gov/eb/Orders/2012/DA-12-267A1.html
  • 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 Act,
• http://transition.fcc.gov/eb/Orders/2012/DA-12-612A1.html
  • 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. A
• http://transition.fcc.gov/eb/Orders/2012/FCC-12-38A1.html
  • relay services. Pursuant to Section 64.604(c)(5)(iii)(A) of the Commission's rules, every provider of interstate or international telecommunications services must contribute to the TRS Fund based upon its end-user revenues. 6. The Commission has established specific procedures for administration of the TRS Fund and other associated federal regulatory programs. These include the requirement that each telecommunications provider file, pursuant to Section 54.711(a) of the Commission's rules, accurate company-specific revenue data on Form 499-A annually. The information reported on Form 499-A is used to determine the telecommunications provider's payment obligations to the TRS Fund and other regulatory programs. These periodic filings trigger a determination of liability, if any, and subsequent billing and collection by the entities that administer the regulatory programs. Providers must
• http://transition.fcc.gov/eb/Orders/2012/FCC-12-62A1.html
  • 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 North American Numbering Plan (NANP); (4) Section 251(e)(2) of the Act and Section 52.32(a) of the Commission's rules by willfully or
• http://transition.fcc.gov/eb/Orders/da001746.doc http://transition.fcc.gov/eb/Orders/da001746.txt
  • COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4), 54.709(d). 47 C.F.R. § 54.713. NATN's Chief Financial Officer, Ron Levitt, certified that the Worksheet was accurate. Letter from David H. Solomon, Chief, Enforcement Bureau, to North American Telephone Network dated February 16, 2000. Letter from Kay P. Shihata, CPA, Accounting Manager,
• http://transition.fcc.gov/eb/Orders/fcc00261.doc http://transition.fcc.gov/eb/Orders/fcc00261.txt
  • 75001. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4), 54.709(d). 47 C.F.R. § 54.713. Letter from David H. Solomon, Chief, Enforcement Bureau, to Intellicall Operator Services dated February 16, 2000. Letter from George M. Trevino, Corporate Controller, to James W. Shook, Investigations and Hearings Division, Enforcement Bureau dated March 10, 2000.
• http://transition.fcc.gov/eb/Orders/fcc00262.doc http://transition.fcc.gov/eb/Orders/fcc00262.txt
  • 20037. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4), 54.709(d). 47 C.F.R. § 54.713. Letter from David H. Solomon, Chief, Enforcement Bureau, to Matrix Telecom, Inc. dated February 16, 2000. Letter from Thomas K. Crowe, Esq., counsel for Matrix to David H. Solomon, Chief, Enforcement Bureau, dated March 10, 2000. Letter
• http://transition.fcc.gov/eb/Orders/fcc00276.doc http://transition.fcc.gov/eb/Orders/fcc00276.txt
  • Little. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4-5). 47 C.F.R. § 54.713. USAC's records reflect a total of 17 contacts or attempted contacts between March 1998 and February 2000. Letter from David H. Solomon, Chief, Enforcement Bureau, to America's Tele-Network Corp. dated February 16, 2000. Letter from Charles H. Helein,
• http://transition.fcc.gov/eb/Public_Notices/DA-04-437A2.html
  • 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 the Commission's rules (Issue i). In addition, if it were shown that BOI, Buzz and/or U.S. Bell willfully or repeatedly violated the provisions of the Act or the Commission's rules noted above, then it would further be determined whether a forfeiture, in the amount of $115,533.52 for the failures to make required universal service contributions, $10,000
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.wp
  • Portability 12. In the 1996 Act, Congress stated that all local exchange carriers have the duty to provide number portability in accordance with requirements prescribed by the Commission.32 Local number portability (LNP) allows customers to retain their telephone 96-45, DA 98-1336 (rel. July 15, 1998). 26 Universal Service Order , 12 FCC Rcd at 9206-07. 27 See 47 C.F.R. § 54.711. 28 Pub. L. No. 101-336, § 401, 104 Stat. 327, 366-69 (adding section 225 to the Communications Act of 1934, as amended, 47 U.S.C. § 225). 29 47 U.S.C. § 225(d)(3)(B). 30 47 C.F.R. § 64.601 et seq. See Telecommunications Relay Services and the Americans With Disabilities Act of 1990 , Third Report and Order, FCC 93-357, CC Docket No.
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2000/fcc00359.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit w w w Before the Federal Communications Commission Washington, DC 20554 In the Matters of ) ) Federal-State Joint Board on ) CC Docket No. 96-45 Universal Service ) ) Petition for Forbearance from ) Enforcement of Sections 54.709 and 54.711 ) of the Commission's Rules by ) ) Operator Communications, Inc. ) d/b/a Oncor Communications, Inc. ) further Notice of proposed rulemaking and ORder Adopted: October 2, 2000 Released: October 12, 2000 Comment Date: 21 days after publication in the Federal Register Reply Comment Date: 35 days after publication in the Federal Register By the Commission: INTRODUCTION In this Further
• 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
  • affecting universal service. For purposes of this Notice, the term "carrier" is synonymous with all filers of universal service contribution worksheets. Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (the Act). The 1996 Act amended the Communications Act of 1934. 47 U.S.C. §§ 151, et seq. 47 U.S.C. § 254. See 47 C.F.R. §§ 54.706, 54.709, 54.711. For purposes of this Order and unless otherwise stated, the term ``end-user revenues'' shall refer to a contributor's interstate and international end-user telecommunications revenues. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9199, para. 829, 9211, para. 855 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum, CC
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.wp
  • international end-user telecommunications revenues. The Commission shall approve the Administrator's, the Schools and Libraries Corporation's, and the Rural Health Care Corporation's quarterly projected costs of universal service support programs, taking into account demand for support and administrative expenses. The total subject revenues shall be compiled by the Administrator based on information contained in the Universal Service Worksheets described in § 54.711(a). (3) Total projected expenses for universal service support programs for each quarter must be approved by the Commission before they are used to calculate the quarterly contribution factors and individual contributions. For each quarter, the High Cost and Low Income Committee or the permanent Administrator once the permanent administrator is chosen and the Schools and Libraries and Rural Health Care
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97292.html http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97292.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97292.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97292.wp
  • rule as set forth in Appendix A to state that the TRS Fund data also may be used by USAC, NECA, to the extent that it is acting on behalf of USAC, and the permanent universal service Administrator, for the purpose of verifying revenue information provided by contributors to the universal service support mechanisms. We further propose to amend section 54.711(b)[44]^(41) to clarify that, except as specified here, the duty of NECA, USAC, and the permanent Administrator to keep confidential all data obtained from universal service contributors, not to use such data except as provided in the proposed rule amendment, and not to disclose the information in company-specific form unless directed to do so by the Commission extends to data obtained
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99175.pdf
  • are also required under the Commission's rules to report and contribute to most, if not all, of the four mechanisms. 17 See 47 C.F.R. § 64.604(c)(4)(iii)(B). See also Telecommunications Relay Services and the Americans With Disabilities Act of 1990, Order, DA 98-2481, CC Docket No. 90-571 (rel. Dec. 2, 1998) (1999 TRS Fund Worksheet Order). 18 See 47 C.F.R. § 54.711. See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc. and Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Docket Nos. 97-21 and 96-45, FCC 97-253, 12 FCC Rcd 18400, 18442 (rel. July 18, 1997) (Universal Service Second Order on Reconsideration) (releasing Universal Service Worksheet); Common Carrier Bureau
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00118.doc
  • (1997) (Second Order on Reconsideration). An explanation of the Commission's contribution factor is contained in section 54.709(a) of the Commission's rules, which was recently amended to comply with the Fifth Circuit's decision. 47 C.F.R. § 54.709(a). See note 6, supra. 47 C.F.R. § 54.709(a). Id. Second Order on Reconsideration, 12 FCC Rcd 18400, Appendix B. See also 47 C.F.R. § 54.711(a) ("Contributions shall be calculated and filed in accordance with the Universal Service Worksheet. The Universal Service Worksheet sets forth information that the contributor must submit to the Administrator [(USAC)] on a semi-annual basis. . . . ."). The Commission adopted the 1997 Worksheet and attached it as Appendix C to the Second Order on Reconsideration. The 1997 Worksheet was adopted
• 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, and
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01051.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01051.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc. ) ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 Adopted: February 9, 2001 Released: February 13, 2001 By the Commission: Commissioner Furchtgott-Roth issuing a separate statement. introduction In this Order, we deny the petition of Operator Communications, Inc. d/b/a Oncor Communications, Inc.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01085.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01085.txt
  • 1). Carriers will continue to receive annual true-ups when they file their Forms 499-A in April of each year. USAC will file projected program demand data at least 60 days prior to the start of a quarter and total contribution base revenue data at least 30 days prior to the start of a quarter. The Commission delegates authority under section 54.711(c) to the Common Carrier Bureau to take whatever additional steps are necessary to implement the contribution methodology adopted herein. In addition, the Commission directs USAC and the other fund administrators to devise an appropriate cost allocation plan for the additional costs for collecting, validating, and distributing the contributor data provided in the Form 499-Q. procedural matters Paperwork Reduction Act The
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01146.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01146.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01146.txt
  • publishes such definition in the Federal Register." 15 U.S.C. § 632. See, e.g., Brown Transport Truckload, Inc. v. Southern Wipers, Inc., 176 B.R. 82 (N.D. Ga. 1994). 13 C.F.R. § 121.201. 13 C.F.R. § 121.210, SIC Code 4813. See Industry Analysis Division, Federal Communications Commission, Trends in Telephone Service, Tbl. 5.3 (Dec. 2000) (Trends in Telephone Service); 47 C.F.R. § 54.711 et seq. Trends in Telephone Service, Table 5.3 ALLTEL Comments at 4. See, e.g., ALTS Comments at 35 (``mandatory detariffing could be very costly for CLECs''). . We note that many CLECs sought action from the Commission precisely because IXCs threatened to cut off traffic and had stopped paying for CLEC switched access services. See RICA Comments at 21. See,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01268.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01268.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit - - - - - - Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service Petition of Federal Transtel, Inc. for Waiver of the Universal Service Fund Contribution Requirements Under Sections 54.703, 54.709, and 54.711 of the Commission's Rules ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 AND ORDER ON RECONSIDERATION Adopted: September 18, 2001 Released: September 20, 2001 By the Commission: introduction In this Order, we deny the request of Federal Transtel, Inc. (Federal Transtel) to waive or reconsider the Commission's rules and permit Federal Transtel to recalculate
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972623.html http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972623.txt http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972623.wp
  • Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96-45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6. NECA Report and Order at para. 57. 7. NECA Report and Order at para. 47. 8. NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9. NECA Report and Order at para. 48. 10. Proposed First Quarter Universal Service Contribution Factors, Public Notice, DA 97-2392 (rel. Nov. 13, 1997). On November 19, 1997, AT&T filed comments on the November 13th Public Notice. See Letter from Rick D. Bailey, AT&T, to Magalie Roman Salas, FCC, dated November 19, 1997. 11. 47 C.F.R. 54.709(a)(3). 12. Extended Review
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/cr980413.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/cr980413.txt http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/cr980413.wp
  • Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96- 45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6 NECA Report and Order at para. 57. 7 NECA Report and Order at para. 47. 8 NECA Report and Order at paras. 43-48. See also 47 C.F.R. §§ 54.709(a)(2), (3), and 54.711(b). 9 NECA Report and Order at para. 48. 10 Federal-State Joint Board on Universal Service, Third Order on Reconsideration, CC Docket 96-45, FCC 97- 411 (rel. Dec. 16, 1997). 11 First Quarter 1998 Universal Service Contribution Factors Revised and Approved, Public Notice, DA 97- 2623 (rel. December 16, 1997). 2 On July 18, 1997, the Commission released an Order directing
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980413.html
  • Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96-45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6. NECA Report and Order at para. 57. 7. NECA Report and Order at para. 47. 8. NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9. NECA Report and Order at para. 48. 10. Federal-State Joint Board on Universal Service, Third Order on Reconsideration, CC Docket 96-45, FCC 97-411 (rel. Dec. 16, 1997). 11. First Quarter 1998 Universal Service Contribution Factors Revised and Approved, Public Notice, DA 97-2623 (rel. December 16, 1997). 12. Because this table lists expenses, positive income flows are denoted with parentheses.
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981098.pdf
  • Joint Board on Universal Service, Report and Order, 12 FCC Rcd 8776, 9173 at ¶ 777 (rel. May 8, 1997) (Report and Order), consolidated appeals pending sub nom. Texas Office of Public Utility Counsel v. FCC, Civ. No. 97-60421 (5th Cir.); 47 C.F.R. § 54.703. 2 Report and Order ¶ 780; 47 C.F.R. § 54.703. 3 47 C.F.R. §§ 54.709, 54.711. News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 DA 98-1098 Released: June 9, 1998 MOBILETEL, INC. PETITION FOR PARTIAL WAIVER PLEADING CYCLE ESTABLISHED CC Docket No. 96-45 Comment Date: June 23, 1998 Reply Comment Date: June 30, 1998 In the May 8, 1997
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.txt http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.wp
  • authority to direct the performance of audits of schools and libraries and rural health care provider beneficiaries of universal service support.19 The Commission also oversees the structure and content of the annual independent audit that USAC, SLC and RHCC are required to 20 47 C.F.R. § 69.621. 21 47 U.S.C. §§ 503(b)(1)(B) and (2)(C). 22 18 U.S.C. § 1001. Section 54.711(a) of the Commission's rules, 47 C.F.R. § 54.711(a), provides, inter alia, that "[i]naccurate or untruthful information contained in the Universal Service Worksheet may lead to prosecution under the criminal provisions of Title 18 of the United States Code." Similarly, section 54.713 of the Commission's rules, 47 C.F.R. § 54.713, provides, inter alia, that "[f]ailure to file the Universal Service Worksheet
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981871.pdf
  • FCC and USA, No. 98-60213 (5th Cir. 1998); Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, FCC 98-120 (rel. June 22, 1998); Federal-State Joint Board on Universal Service, Order and Order on Reconsideration, CC Docket No. 96-45, FCC 98-160 (rel. July 17, 1998). 2 47 C.F.R. §§ 54.709, 54.711. 2 Contributions to the universal service support mechanisms must be based in part on contributors' end-user telecommunications revenues from the previous year.2 Network Operator Services, Inc. (NOS) is an interstate telecommunications carrier. It has experienced a reduction in its end-user revenues. As a result, on August 28, 1998, NOS filed a petition requesting authority to calculate its contribution on the
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981872.pdf
  • interstate telecommunications carriers, payphone providers, and others which provide interstate telecommunications service for a fee to contribute to the Universal Service Funds.1 Carriers that provide only international telecommunications service are not required to contribute to the universal service support mechanisms. By letter dated July 23, 1998, RealWorld Advanced Technology Inc. (RealWorld) requested that the Commission waive sections 54.705, 54.707, 54.709, 54.711, and 2 See 47 C.F.R. §§ 54.705, 54.707, 54.709, 54.711, and 54.713. 2 54.713 of the Commission's rules.2 RealWorld is a reseller of international telecommunications service. RealWorld states that more than 99 percent of its calls originate and terminate abroad, and the remainder terminate in the United States. RealWorld seeks waiver of the rules in order to contribute directly to
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da000471.pdf
  • mechanisms for numbering administration and local number portablity need only file the Telecommunications Reporting Worksheet for the purpose of determining their contributions to these mechanisms.2 As an attachment to that order, we released the initial version of the Telecommunications Reporting Worksheet. On July 30, 1999, a three-judge panel of the United States Court of 1 47 C.F.R. §§ 52.1(b), 52.32(b), 54.711(a), 64.604(c)(4)(iii)(B). See also 47 C.F.R. § 1.47(h) (requiring every common carrier to file information concerning their designated agents pursuant to the Telecommunications Reporting Worksheet). 2 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, Report and Order, FCC 99-175, CC Docket
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da001735.doc
  • for their filings due on September 1, 2000. Copies of the September 2000 Worksheet (FCC Form 499-S) and instructions may be downloaded from the Commission's Forms Web Page (www.fcc.gov/formpage.html). Copies also may be obtained by calling the fax-on-demand line at (202) 418-2830. Finally, copies may be obtained from the National Exchange Carrier Association (NECA) at (973) 560-4400. 47 C.F.R. § 54.711(a). 47 C.F.R. § 54.708. 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, Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 1999) (Contributor Reporting Requirements Order) (also adopting an April version of the worksheet that will be
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/499s-pn.pdf
  • sources [sum of above] Block 4: CERTIFICATION: to signed by an officer of the filer 118I certify that the revenue data contained herein is privileged and confidential and that public disclosure of such information, would likely cause substantial harm to the competitive position of the company. I request nondisclosure of the revenue information contained herein pursuant to Sections 0.459, 52.17, 54.711 and 64.604 of the Commission's Rules. I certify that I am an officer of the above-named reporting entity, that I have examined the foregoing report and to the best of my knowledge, information and belief, all statements of fact contained in this Worksheet are true and that said Worksheet is an accurate statement of the affairs of the above-named company
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr03-1.pdf
  • filers are not available to the public. Program Requirements and Contribution Factors Carriers make payments into the universal service mechanism based on their interstate and international end-user revenues. Carriers report their revenue data to USAC, which tabulates the 12 See Telecommunications Industry Revenues 2001 for a comparison with the funding bases used for TRS, NANP, and LNP. 13 47 C.F.R. §54.711(b). 1 -6 data, and reports it to the Commission. The Commission reviews program requirements and revenue data, and then determines the appropriate contribution factor. The Commission's Wireline Competition Bureau (formerly known as the Common Carrier Bureau) then releases a public notice stating the proposed contribution factor for the upcoming quarter. If, after 14 days, the Commission takes no action regarding
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr04-1.pdf
  • result of circularity and other reasons, carriers imposed markups greater than the adopted factors. To address this issue, the Commission twice changed the universal service contribution methodology. The first change reduced each carrier's contribution base by the amount that the carrier paid into USF during the prior quarter.15 The line item "Circularity Adjustment" in Table 1.10 accounts 14 47 C.F.R. §54.711(b). 15 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
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs02-0.pdf
  • after 14 days, the Commission takes no action regarding the proposed contribution factor, the factor becomes final. On March 9, 2001, the Commission adopted a plan that modified the methodology used to determine payments that carriers make to the federal universal support mechanisms.13 The revised methodology requires carriers to file revenue information quarterly rather than semiannually.14 The 12 47 C.F.R. §54.711(b). 13 See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, CC Docket No. 96-45, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001). 14 Before the change, carriers filed revenue information twice a year. Carriers filed first half- 1 -6 Commission sets the contribution factors based on the quarterly revenue information. Contribution factors
• http://www.fcc.gov/Bureaus/Enforcement/Notices/2000/fcc00261.doc
  • 75001. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4), 54.709(d). 47 C.F.R. § 54.713. Letter from David H. Solomon, Chief, Enforcement Bureau, to Intellicall Operator Services dated February 16, 2000. Letter from George M. Trevino, Corporate Controller, to James W. Shook, Investigations and Hearings Division, Enforcement Bureau dated March 10, 2000.
• http://www.fcc.gov/Bureaus/Enforcement/Notices/2000/fcc00262.doc
  • 20037. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4), 54.709(d). 47 C.F.R. § 54.713. Letter from David H. Solomon, Chief, Enforcement Bureau, to Matrix Telecom, Inc. dated February 16, 2000. Letter from Thomas K. Crowe, Esq., counsel for Matrix to David H. Solomon, Chief, Enforcement Bureau, dated March 10, 2000. Letter
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001746.doc
  • COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4), 54.709(d). 47 C.F.R. § 54.713. NATN's Chief Financial Officer, Ron Levitt, certified that the Worksheet was accurate. Letter from David H. Solomon, Chief, Enforcement Bureau, to North American Telephone Network dated February 16, 2000. Letter from Kay P. Shihata, CPA, Accounting Manager,
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00276.doc
  • Little. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4-5). 47 C.F.R. § 54.713. USAC's records reflect a total of 17 contacts or attempted contacts between March 1998 and February 2000. Letter from David H. Solomon, Chief, Enforcement Bureau, to America's Tele-Network Corp. dated February 16, 2000. Letter from Charles H. Helein,
• http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl000428.doc http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl000428.html
  • 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. 99-331/RM 9848). Reply
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd991014.html
  • 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). CCB Internet URL:
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2001/dd010920.html
  • as timely filed within the filing window. (Dkt No. 96-45, 97-21). Action by: By the Deputy Chief, Accounting Policy Division. Adopted: 09/19/2001 by ORDER. (DA No. 01-2185). CCB [12]DA-01-2185A1.doc [13]DA-01-2185A1.pdf [14]DA-01-2185A1.txt IN THE MATTER OF FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE; PETITION OF FEDERAL TRANSTEL, INC., FOR WAIVER OF THE UNIVERSAL SERVICE FUND CONTRIBUTION REQUIREMENTS UNDER SECTIONS 54.703, 54.709, AND 54.711. Denied the Petition for Waiver or Reconsideration filed July 20, 1999 by Federal Transtel, Inc.. (Dkt No. 96-45). Action by: The Commission. Adopted: 09/18/2001 by MO&O. (FCC No. 01-268). CCB. Contact Katherine Schroder [15]FCC-01-268A1.doc [16]FCC-01-268A1.pdf [17]FCC-01-268A1.txt IN THE MATTET OF CROSS-OWNERSHIP OF BROADCAST STATIONS AND NEWSPAPERS; AND NEWSPAPER/RADIO CROSS-OWNERSHIP WAIVER POLICY. Seek to examine our cross-ownership policies in the context
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020417.html
  • its Mathews County, Virginia antenna. Action by: Chief, Enforcement Bureau. Adopted: 04/15/2002 by MO&O. (DA No. 02-878). EB [31]DA-02-878A1.doc [32]DA-02-878A1.pdf [33]DA-02-878A1.txt FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE AT&T WIRELESS SERVICES, INC PEITTION FOR WAIVER OF SECTION 54.3711(A) OF THE COMMISSION'S RULES AND REGULATIONS. Granted the request to withdraw the petition for waiver. Dismissed without prejudice petition for waiver of section 54.711(a) of the Commission's rules and regulations. (Dkt No. 96-45). Action by: Deputy Chief, Telecommunications Access Policy. Adopted: 04/16/2002 by ORDER. (DA No. 02-869). WCB [34]DA-02-869A1.doc [35]DA-02-869A1.pdf [36]DA-02-869A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED APRIL 16, 2002, DID NOT APPEAR IN DIGEST NO. 73: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 04/16/2002. AUCTION OF LICENSES IN THE 698-746 MHZ BAND SCHEDULED FOR
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090401.html
  • 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 64.604(c)(5)(iii)(B) of
• http://www.fcc.gov/Forms/Form499-A/499a-2000.pdf
  • entity is exempt from contributing to: Universal Service TRS NANPA LNP Administration Provide explanation below: 604I certify that the revenue data contained herein is privileged and confidential and that public disclosure of such information would likely cause substantial harm to the competitive position of the company. I request nondisclosure of the revenue information contained herein pursuant to Sections 0.459, 52.17, 54.711 and 64.604 of the Commission's Rules. I certify that I am an officer of the above-named reporting entity, that I have examined the foregoing report and to the best of my knowledge, information and belief, all statements of fact contained in this Worksheet are true and that said Worksheet is an accurate statement of the affairs of the above-named company
• http://www.fcc.gov/Forms/Form499-A/499a-2001.pdf
  • 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 every
• http://www.fcc.gov/Forms/Form499-A/499a-2002.pdf
  • entity is exempt from contributing to: Universal Service TRS NANPA LNP Administration Provide explanation below: 604I certify that the revenue data contained herein are privileged and confidential and that public disclosure of such information would likely cause substantial harm to the competitive position of the company. I request nondisclosure of the revenue information contained herein pursuant to Sections 0.459, 52.17, 54.711 and 64.604 of the Commission's Rules. I certify that I am an officer of the above-named reporting entity, that I have examined the foregoing report and, to the best of my knowledge, information and belief, all statements of fact contained in this Worksheet are true and that said Worksheet is an accurate statement of the affairs of the above-named company
• http://www.fcc.gov/Forms/Form499-A/499a-2003.pdf
  • entity is exempt from contributing to: Universal Service TRS NANPA LNP Administration Provide explanation below: 604I certify that the revenue data contained herein are privileged and confidential and that public disclosure of such information would likely cause substantial harm to the competitive position of the company. I request nondisclosure of the revenue information contained herein pursuant to Sections 0.459, 52.17, 54.711 and 64.604 of the Commission's Rules. I certify that I am an officer of the above-named reporting entity, that I have examined the foregoing report and, to the best of my knowledge, information and belief, all statements of fact contained in this Worksheet are true and that said Worksheet is an accurate statement of the affairs of the above-named company
• http://www.fcc.gov/Forms/Form499-A/499a-2004.pdf
  • 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. §§ 54.706,
• http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf
  • 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 a
• http://www.fcc.gov/Forms/Form499-A/499a-2007.pdf
  • 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 a
• http://www.fcc.gov/Forms/Form499-A/499a-2008.pdf
  • 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. 47
• http://www.fcc.gov/Forms/Form499-A/499a-2009.pdf
  • 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. 47
• http://www.fcc.gov/Forms/Form499-A/499a-2010.pdf
  • 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. 47
• http://www.fcc.gov/Forms/Form499-A/499a-2011.pdf
  • the Federal Communications Commission.6 II. Filing Requirements and General Instructions A. Who Must File With very limited exceptions, all intrastate, interstate, and international providers of telecommunications in the United States7 must file this Worksheet.8 Telecommunications providers that are contributors to (continued . . .) 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).
• http://www.fcc.gov/Forms/Form499-A/499a2-2011.pdf
  • obligations to register with the Federal Communications Commission.6 II. Filing Requirements and General Instructions A. Who Must File With very limited exceptions, all intrastate, interstate, and international providers of telecommunications in the United States7 must file this Worksheet.8 Telecommunications providers that are contributors to 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).
• 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 Form
• http://www.fcc.gov/eb/Orders/2001/da01540.doc http://www.fcc.gov/eb/Orders/2001/da01540.html
  • 2000 to 1998 invoices. By letter from Barry P. Miller, Esquire to Scott Barasch at USAC, dated January 10, 2001, NATN proposed to pay off its indebtedness, as recalculated by it, in 36 monthly installments. Subsequently, NATN advised that it made a payment equal to its January 2001 contribution as billed by USAC on February 22, 2001. 47 C.F.R. § 54.711, provides that ``[c]ontributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet.'' That worksheet (and its predecessor, the Universal Service Worksheet) requires carriers to report revenue for the prior year. USAC then calculates the carrier's contribution based on that reported revenue. See NECA Changes Order, 12 FCC Rcd at 18424, 18442, 18501-02; 1998 Biennial Regulatory Review -
• http://www.fcc.gov/eb/Orders/2001/da01542.doc http://www.fcc.gov/eb/Orders/2001/da01542.html
  • Suite 200, Cherry Hill, New Jersey 08002. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. § 54.709(a)(4-5). 47 C.F.R. § 54.713. Letter from David H. Solomon, Chief, Enforcement Bureau, to Advanced Telecom. Network, Inc. dated August 7, 2000. The Enforcement Bureau mailed the August 7, 2000 letter to Advanced certified mail, return receipt requested. The return receipt reflects that
• http://www.fcc.gov/eb/Orders/2001/fcc01106.doc http://www.fcc.gov/eb/Orders/2001/fcc01106.html
  • Agents, Inc., 1090 Vermont Avenue, N.W., Washington, D.C. 20005. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. § 54.709(a)(4-5). 47 C.F.R. § 54.713. Letter from Charles W. Kelley, Chief, Investigations and Hearings Division, Enforcement Bureau, to PTT Telekom, Inc. dated February 1, 2001. The Enforcement Bureau mailed the February 1, 2000 letter to PTT by certified mail, return receipt requested. The
• http://www.fcc.gov/eb/Orders/2003/FCC-03-231A1.html
  • (``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 and circumstances surrounding this matter, we find that Globcom is apparently liable for a total forfeiture of $806,861. We further order Globcom to submit within 30 days, either as part of a response to
• http://www.fcc.gov/eb/Orders/2004/DA-04-2852A1.html
  • 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 of
• 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 hereto
• http://www.fcc.gov/eb/Orders/2004/DA-04-3983A1.html
  • West Monroe, 8th Floor Mailroom, Chicago, IL 60661. Payment by wire transfer may be made to ABA Number 071000013, receiving bank Bank One, and account number 1165259. 18. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. 54.711, BigZoo.com Corporation shall fully respond to the October 15, 2004, Letter of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. 19. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief, Investigations and Hearings Division,
• http://www.fcc.gov/eb/Orders/2004/DA-04-657A1.html
  • 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 the
• http://www.fcc.gov/eb/Orders/2004/DOC-244194A1.html
  • 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 also put BOI, BUZZ and/or U.S. Bell/LINK on notice that the Commission could order a forfeiture for the failure to make required universal service contributions and a forfeiture of as much as $10,000 for each failure to file required TRS contributions and for each failure to file Telecommunications Reporting Worksheets.13
• http://www.fcc.gov/eb/Orders/2005/DA-05-1907A1.html
  • 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 15. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. 54.711, QuickLink Telecom, Inc., shall fully respond to the October 15, 2004, Letter of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. 16. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief, Investigations and Hearings
• http://www.fcc.gov/eb/Orders/2005/DA-05-2485A1.html
  • 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 conclude
• http://www.fcc.gov/eb/Orders/2005/DA-05-2989A1.html
  • 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 the
• http://www.fcc.gov/eb/Orders/2005/DA-05-3192A1.html
  • 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 16. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. 54.711, Blackstone Calling Card, Inc., shall fully respond to the October 2004 and June 2005 Letters of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. 17. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief,
• http://www.fcc.gov/eb/Orders/2005/FCC-05-145A1.html
  • the facts and circumstances surrounding this matter we conclude that this company is apparently liable for a total forfeiture of $819,905. 2. We specifically find that InPhonic, Inc. (``InPhonic'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until January 2005.1 We also find that InPhonic has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2004.2 Finally, we find that InPhonic has apparently violated section 254(d) of the Communications Act 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
• http://www.fcc.gov/eb/Orders/2005/FCC-05-146A1.html
  • the facts and circumstances surrounding this matter, we conclude that Teletronics is apparently liable for a total forfeiture of $692,000. 2. Specifically we find Teletronics has apparently violated sections 64.1195(a) of the Commission's rules by willfully and repeatedly failing to register with the Commission from April 2, 2001 to the current date.1 We also conclude that Teletronics has apparently violated 54.711(a), 64.604(c)(5)(iii)(B), and 52.17(b) of our rules by failing to submit certain Telecommunications Reporting Worksheets from 1999 to the current date. 2 We further find that Teletronics has apparently violated 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
• http://www.fcc.gov/eb/Orders/2005/FCC-05-147A1.html
  • amended (the ``Act''),1 and with the exception of a few isolated acts of post-investigative compliance, this carrier continues a pattern of egregious non- compliance. Based upon the facts and circumstances surrounding this matter we conclude that this company is apparently 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
• http://www.fcc.gov/eb/Orders/2005/FCC-05-156A1.html
  • upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 18See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice, 18 FCC Rcd 11442 (Wir. Comp. Bur. 2003) (``Contribution payments are due on the date shown on the [USAC] invoice.'') The
• http://www.fcc.gov/eb/Orders/2005/FCC-05-157A1.html
  • upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 8See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice, 18 FCC Rcd 11442 (Wir. Comp. Bur. 2003) (``Contribution payments are due on the date shown on the [USAC] invoice.'') The
• http://www.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
  • programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to the universal service program. Based upon the facts and circumstances surrounding this matter we conclude that this company 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
• http://www.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
  • circumstances surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $529,300. 2. We specifically find that Telecom House, Inc. (``Telecom House'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until September 2004.1 We also find that Telecom House has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2001 to 2005.2 Finally, we find that Telecom House has apparently violated section 254(d) of the 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
• http://www.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
  • Based upon the facts and circumstances surrounding this matter we conclude that this carrier is apparently liable for a total forfeiture of $462,638. 2. We specifically find that CSII has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until February 2005.1 We also find that CSII has apparently violated section 54.711(a) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2005.2 Finally, we find that CSII has apparently violated section 254(d) of the Communications Act of 1934, 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
• http://www.fcc.gov/eb/Orders/2005/FCC-05-186A1.html
  • this matter, we conclude that this company is apparently liable for a total forfeiture of $236,774. 2. We specifically find that Global Teldata II, LLC (``Global Teldata'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until November 17, 2004.1 We also find that Global Teldata has apparently violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004.2 Finally, we find that Global Teldata has apparently violated section 254(d) of 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'')
• http://www.fcc.gov/eb/Orders/2006/DA-06-1063A1.html
  • 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 on
• http://www.fcc.gov/eb/Orders/2006/DA-06-1063A2.html
  • 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 254(d)
• http://www.fcc.gov/eb/Orders/2006/DA-06-1176A1.html
  • 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) of
• http://www.fcc.gov/eb/Orders/2006/DA-06-1267A1.html
  • Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 14. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. SS 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. S 54.711, Universal Telecommunications, Inc., shall fully respond to the August 2005 and October 2005 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. 15. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport,
• http://www.fcc.gov/eb/Orders/2006/DA-06-1512A1.html
  • 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 absence
• http://www.fcc.gov/eb/Orders/2006/DA-06-2451A1.html
  • 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 absence
• http://www.fcc.gov/eb/Orders/2006/DA-06-933A1.html
  • Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 15. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. SS 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. S 54.711, Unicom Communications, L.L.C. shall fully respond to the October 28, 2004 Letter of Inquiry sent by the FCC's Enforcement Bureau within 30 days of the release of this order. 16. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to William H. Davenport, Chief, Investigations and
• http://www.fcc.gov/eb/Orders/2006/FCC-06-127A1.html
  • we find Local Phone Services, Inc., d/b/a Best Phone ("LPSI"), a telecommunications carrier that has been operating and at least indirectly benefiting from federal programs supporting the telecommunications industry for over two years, apparently failed to meet 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
• http://www.fcc.gov/eb/Orders/2006/FCC-06-135A1.html
  • 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 the
• http://www.fcc.gov/eb/Orders/2006/FCC-06-136A1.html
  • 20, 2004 Letter"), Response to Inquiry 5. 47 U.S.C. S 254(d). 47 C.F.R. SS 54.706, 54.709. 47 C.F.R. SS 1.1154, 1.1157(b)(1). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See 47 C.F.R. S 54.709(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration (in CC Docket No. 96-45), Eighth Report and Order (in CC Docket No. 96-45), and Sixth Report and Order (in CC Docket No. 96-262), 15 FCC Rcd 1679, 1687, P 18 (1999); Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and
• http://www.fcc.gov/eb/Orders/2006/FCC-06-138A1.html
  • that must contribute to the fund. See 47 C.F.R. S 54.706(a)(3), (16). 47 U.S.C. S 254(d). 47 C.F.R. SS 54.706, 54.709. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See 47 C.F.R. S 54.709(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration (in CC Docket No. 96-45), Eighth Report and Order (in CC Docket No. 96-45), and Sixth Report and Order (in CC Docket No. 96-262), 15 FCC Rcd 1679, 1687, P 18 (1999); Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and
• http://www.fcc.gov/eb/Orders/2006/FCC-06-49A1.html
  • or a Commission rule. 17. As discussed below, we find by a preponderance of the evidence that Globcom has willfully and repeatedly 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 failing to contribute to the universal service and the TRS funds. In addition, we find that Globcom willfully and repeatedly violated section 54.711(a) of the Commission's rules by failing to file complete and accurate interstate and international revenue information. We credit Globcom's argument that there should be a downward adjustment in the forfeiture amount because USAC has amended its invoices since the date of the Globcom NAL to reflect a lower outstanding debt for the relevant period based on additional and revised revenue
• http://www.fcc.gov/eb/Orders/2007/DA-07-3411A1.html
  • No. EB-06-IH-2307 Communications Options, Inc. ) NAL/Acct. No. 200732080031 Apparent Liability for Forfeiture ) FRN No. 0003735230 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 26, 2007 Released: July 27, 2007 By the Chief, Enforcement Bureau: I. INtroduction 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Communications Options, Inc., ("COI"), has apparently violated section 54.711(a) of the Federal Communications Commission's (the "Commission" or "FCC") rules by willfully and repeatedly failing to maintain records and documentation to justify information reported in its Telecommunications Reporting Worksheets ("Worksheets") and provide the records and documentation to the Commission upon request. We further find that COI apparently violated a Commission order issued pursuant to sections 4(i), 4(j), 218 and 403
• http://www.fcc.gov/eb/Orders/2007/DA-07-4012A1.html
  • 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. 3.
• http://www.fcc.gov/eb/Orders/2007/DA-07-4016A1.html
  • wire transfer may be made to: ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6229. The payment should note the NAL/Acct. No. reference above. 13. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. S: 54.711, Liberty Phones, Inc., shall fully respond to the May 31, 2007 and July 17, 2007 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. 14. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to Hillary
• http://www.fcc.gov/eb/Orders/2007/DA-07-4019A1.html
  • wire transfer may be made to: ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6229. The payment should note the NAL/Acct. No. reference above. 12. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and 403 of the of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's rules, 47 C.F.R. S: 54.711, Ultimate Medium Communications Corporation, shall fully respond to the June 14, 2007 and July 19, 2007 Letters of Inquiry sent by the FCC's Enforcement Bureau within thirty (30) days of the release of this order. 13. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR FORFEITURE must be mailed to
• http://www.fcc.gov/eb/Orders/2007/FCC-07-122A1.html
  • 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 the
• http://www.fcc.gov/eb/Orders/2007/FCC-07-165A1.html
  • earlier proceeding determined that BOI (a) failed to make required universal service contributions in violation of Section 254(d) of the Act and Section 54.706 of the Commission's rules; (b) failed to make required contributions to the Telecommunications Relay Services Fund in violation of Section 64.604(c)(5)(iii)(A) of the Commission's rules; and (c) failed to file Telecom ReportingWorksheets in violation of Sections 54.711, 54.713 and 64.604(c)(iii)(B) of the Commission's rules. Consequently, with respect to the range of sanctions relating to violations of the Consent Decree, it shall be determined whether the Kintzel brothers are subject to a forfeiture in an amount not to exceed $1,538,533.52. 19. In addition to issues relating to compliance with the Consent Decree, issues are also specified below to
• http://www.fcc.gov/eb/Orders/2007/FCC-07-57A1.html
  • 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 absence
• http://www.fcc.gov/eb/Orders/2007/FCC-07-58A1.html
  • 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 Relay Service ("TRS") Fund. The Further Notice of Apparent Liability for Forfeiture finds that InPhonic apparently is in violation of section 214(a) of the Act, and section 63.18 of the Commission's rules, by
• http://www.fcc.gov/eb/Orders/2007/FCC-07-59A1.html
  • Order of Forfeiture, we assess a monetary forfeiture of $236,774 against Global Teldata II, LLC ("Global Teldata"). Following the Notice of Apparent Liability and Order the Commission issued on October 31, 2005, we find that Global Teldata willfully and repeatedly violated section 64.1195 of the Commission's rules by failing to register with the Commission until November 17, 2004, and section 54.711(a) of those rules by failing to submit certain Telecommunications Reporting Worksheets ("Worksheets") prior to November 17, 2004. In addition, we find that Global Teldata willfully and repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section 54.706(a) of the Commission's rules by failing to contribute to the Universal Service Fund ("USF") in 2004 and
• http://www.fcc.gov/eb/Orders/2007/FCC-07-73A1.html
  • will 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. 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;
• http://www.fcc.gov/eb/Orders/2008/DA-08-1178A1.html
  • 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 hereto
• http://www.fcc.gov/eb/Orders/2008/DA-08-1322A1.html
  • 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 before
• http://www.fcc.gov/eb/Orders/2008/DA-08-1336A1.html
  • 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 hereto
• http://www.fcc.gov/eb/Orders/2008/DA-08-2551A1.html
  • 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 the
• http://www.fcc.gov/eb/Orders/2008/DA-08-548A1.html
  • Inc. ) NAL/Acct. No. 200732080031 Apparent Liability for Forfeiture ) FRN 0003735230 ) ) ORDER OF FORFEITURE Adopted: March 13, 2008 Released: March 13, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order of Forfeiture ("Order"), we assess a monetary forfeiture of $65,000 against Communications Options, Inc. ("COI"). We find that COI willfully and repeatedly violated section 54.711(a) of the Federal Communications Commission's (the "Commission" or "FCC") rules by failing to maintain records and documentation to justify information reported in its Telecommunications Reporting Worksheets ("Worksheets") and provide the records and documentation to the Commission upon request. Further, we find that COI willfully and repeatedly violated a Commission order issued pursuant to sections 4(i), 4(j), 218 and 403 of
• http://www.fcc.gov/eb/Orders/2009/DA-09-740A1.html
  • 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 facts before
• 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 obtain
• http://www.fcc.gov/eb/Orders/2010/DA-10-1290A1.html
  • 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 AllCom,
• http://www.fcc.gov/eb/Orders/2010/DA-10-672A1.html
  • 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 Local Phone
• http://www.fcc.gov/eb/Orders/2010/DA-10-692A1.html
  • 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 499-A
• http://www.fcc.gov/eb/Orders/2010/DA-10-912A1.html
  • 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, 2008, the
• http://www.fcc.gov/eb/Orders/2010/DA-10-913A1.html
  • 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 Commission's
• http://www.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
  • 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 of $800,700.
• http://www.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
  • by some providers to pay their share into the USF skews the playing field by giving them an economic advantage over their competitors, who must then shoulder more than their fair share of the costs of universal service. 4. The Commission has established specific procedures for the administration of the USF and other associated federal regulatory programs. Pursuant to section 54.711(a) of the Commission's rules, a carrier is required to file FCC Form 499-A, also known as the annual Telecommunications Reporting Worksheet ("annual Worksheet" or "Form 499-A"), for the purpose of determining its USF, Telecommunications Relay Services Fund ("TRS Fund"), Local Number Portability ("LNP"), and North American Numbering Plan ("NANP") administration and regulatory fee payments, and, with certain exceptions, to file
• 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 499-A
• http://www.fcc.gov/eb/Orders/2011/FCC-11-42A1.html
  • 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 recovery
• http://www.fcc.gov/eb/Orders/2012/DA-12-267A1.html
  • 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 Act,
• http://www.fcc.gov/eb/Orders/2012/DA-12-612A1.html
  • 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. A
• http://www.fcc.gov/eb/Orders/2012/FCC-12-38A1.html
  • relay services. Pursuant to Section 64.604(c)(5)(iii)(A) of the Commission's rules, every provider of interstate or international telecommunications services must contribute to the TRS Fund based upon its end-user revenues. 6. The Commission has established specific procedures for administration of the TRS Fund and other associated federal regulatory programs. These include the requirement that each telecommunications provider file, pursuant to Section 54.711(a) of the Commission's rules, accurate company-specific revenue data on Form 499-A annually. The information reported on Form 499-A is used to determine the telecommunications provider's payment obligations to the TRS Fund and other regulatory programs. These periodic filings trigger a determination of liability, if any, and subsequent billing and collection by the entities that administer the regulatory programs. Providers must
• http://www.fcc.gov/eb/Orders/2012/FCC-12-62A1.html
  • 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 North American Numbering Plan (NANP); (4) Section 251(e)(2) of the Act and Section 52.32(a) of the Commission's rules by willfully or
• http://www.fcc.gov/eb/Orders/da001746.doc http://www.fcc.gov/eb/Orders/da001746.txt
  • COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4), 54.709(d). 47 C.F.R. § 54.713. NATN's Chief Financial Officer, Ron Levitt, certified that the Worksheet was accurate. Letter from David H. Solomon, Chief, Enforcement Bureau, to North American Telephone Network dated February 16, 2000. Letter from Kay P. Shihata, CPA, Accounting Manager,
• http://www.fcc.gov/eb/Orders/fcc00261.doc http://www.fcc.gov/eb/Orders/fcc00261.txt
  • 75001. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4), 54.709(d). 47 C.F.R. § 54.713. Letter from David H. Solomon, Chief, Enforcement Bureau, to Intellicall Operator Services dated February 16, 2000. Letter from George M. Trevino, Corporate Controller, to James W. Shook, Investigations and Hearings Division, Enforcement Bureau dated March 10, 2000.
• http://www.fcc.gov/eb/Orders/fcc00262.doc http://www.fcc.gov/eb/Orders/fcc00262.txt
  • 20037. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4), 54.709(d). 47 C.F.R. § 54.713. Letter from David H. Solomon, Chief, Enforcement Bureau, to Matrix Telecom, Inc. dated February 16, 2000. Letter from Thomas K. Crowe, Esq., counsel for Matrix to David H. Solomon, Chief, Enforcement Bureau, dated March 10, 2000. Letter
• http://www.fcc.gov/eb/Orders/fcc00276.doc http://www.fcc.gov/eb/Orders/fcc00276.txt
  • Little. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 254(d); 47 C.F.R. § 54.706. 47 U.S.C. § 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. § 54.702(b). See NECA Changes Order, 12 FCC Rcd at 18424-25; 47 C.F.R. §§ 54.709(a)(1-3), 54.711(a). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. §§ 54.709(a)(4-5). 47 C.F.R. § 54.713. USAC's records reflect a total of 17 contacts or attempted contacts between March 1998 and February 2000. Letter from David H. Solomon, Chief, Enforcement Bureau, to America's Tele-Network Corp. dated February 16, 2000. Letter from Charles H. Helein,
• http://www.fcc.gov/eb/Public_Notices/DA-04-437A2.html
  • 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 the Commission's rules (Issue i). In addition, if it were shown that BOI, Buzz and/or U.S. Bell willfully or repeatedly violated the provisions of the Act or the Commission's rules noted above, then it would further be determined whether a forfeiture, in the amount of $115,533.52 for the failures to make required universal service contributions, $10,000