FCC Web Documents citing 64.1310
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1508A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1508A1.pdf
- as to defendants Matrix Management, Inc. and ZCom Networks, Inc., and that this proceeding IS TERMINATED as to defendants Matrix Management, Inc. and ZCom Networks, Inc. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Complaint, File No. EB-08-MD-007 (filed August 13, 2008) (``Complaint''). 47 U.S.C. 208. 47 U.S.C. 201, 276; 47 C.F.R. 64.1310, 1320. Withdrawal of Formal Complaint as to Matrix Management, Inc. and ZCom Networks, Inc., File No. EB-08-MD-007 (filed July 1, 2009) (``Motion'') at 1 (seeking ``leave...to dismiss the [C]omplaint with prejudice'' as to Matrix and ZCom) APCC does not seek to dismiss defendants USP or NMI, who therefore remain parties to the case. Motion at 1. (...continued from previous page)
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2028A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2028A1.pdf
- RespOrgUSA, Inc., Dollar Phone Access, Inc., Dollar Phone Enterprise, Inc., Dollar Phone Services, Inc., and Global Switching, Inc., (``Defendants'') pursuant to section 208 of the Communications Act of 1934, as amended (``Act''), and section 1.720 et seq. of the Commission's rules. The Complaint alleges, inter alia, that Defendants violated sections 201(b) and 276(b) of the Act and sections 64.1300 and 64.1310 of the Commission's rules by failing to pay dial-around compensation to payphone service providers represented by APCC Services. On July 16, 2009, Defendants filed an answer to the Complaint and in which they denied its allegations. On September 8, 2009, APCC Services filed a motion to dismiss the Complaint. In its Motion, APCC Services states that it has resolved its
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A1.pdf
- 2009 Released: November 12, 2009 By the Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Next-G Communication, Inc. (``Next-G''). The Consent Decree terminates an investigation by the Bureau against Next-G for possible violations of section 276 of the Communications Act of 1934, as amended (the ``Act''), and sections 64.1300, 64.1310(a), and 64.1320 of the Commission's rules, relating to payphone compensation, and section 214 of the Act and section 63.18 of the Commission's rules, relating to the provision of international telecommunications service. The Bureau and Next-G have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A2.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A2.pdf
- 0010717874 CONSENT DECREE The Enforcement Bureau (``Bureau'') of the Federal Communications Commission (``Commission'' or ``FCC'') and Next-G Communication, Inc. (``Next-G'' or the ``Company''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether Next-G violated section 276 of the Communications Act of 1934, as amended (the ``Act''), and sections 64.1300, 64.1310(a), and 64.1320 of the Commission's Rules, relating to payphone compensation, and section 214 of the Act and section 63.18 of the Commission's Rules, relating to the provision of international telecommunications service. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq.
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2191A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2191A1.pdf
- the above-captioned complaint IS DISMISSED WITH PREJUDICE as to defendants Network Management, Inc. and USP Communications, Inc., and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Complaint, File No. EB-08-MD-007 (filed August 13, 2008) (``Complaint''). 47 U.S.C. 208. 47 U.S.C. 201, 276; 47 C.F.R. 64.1310, 1320. See Commission rule 1.724(a), 47 C.F.R. 1.724(a); Second Notice of Formal Complaint, File No. EB-08-MD-007 (dated October 8, 2008). Withdrawal of Formal Complaint as to Matrix Management, Inc. and ZCom Networks, Inc., File No. EB-08-MD-007 (filed July 1, 2009) (``Motion'') at 1 (seeking ``leave...to dismiss the [C]omplaint with prejudice'' as to Matrix and ZCom). APCC did not seek
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1086A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1086A1.pdf
- by the payphone-specific coding digit failure, and the action QCC is taking to assist SBRs to identify compensable calls that were affected by the payphone-specific coding digit failure; regarding information provided to PSPs, any information that, because of the payphone-specific coding digit failure, QCC was unable to include in its quarterly Completing Carrier and Intermediate Carrier reports submitted under section 64.1310 of the Commission's rules; and any other relevant information that enables affected LECs, SBRs and PSPs to take steps to resolve payphone-specific coding digit failures as soon as possible and to minimize the loss or delay of payphone compensation. QCC will update and post to its billing agents website information regarding the failure to transmit payphone-specific coding digits as soon
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1192A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1192A1.pdf
- a Completing Carrier with respect to the calls at issue under the Commission's payphone compensation rules. The Litigation In its Complaint, APCC alleged that CCI failed to pay per-call compensation for calls made during the period beginning July 1, 2004, and ending September 30, 2008 (3Q2004-3Q2008), in violation of sections 201(b) and 276(b) of the Act and sections 64.1300 and 64.1310 of the Commission's rules. The Complaint further asserted that CCI failed to comply with the Commission's payphone call tracking and reporting requirements, in violation of sections 201(b) and 276(b) of the Act and sections 64.1310 and 64.1320 of the Commission's rules. In addition to requesting an order requiring CCI to come into compliance with rules 64.1300-64.1320, the Complaint sought damages
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1134A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1134A1.pdf
- Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Compass, Inc., d/b/a Compass Global, Inc. (``Compass Global''). The Consent Decree terminates an investigation by the Bureau against Compass Global for possible violations of the Commission's rules governing payphone compensation. Specifically, the Consent Decree terminates the Bureau's investigation concerning sections 64.1300, 64.1310(a), and 64.1320 of the Commission's rules. The Consent Decree also terminates the Bureau's investigation of Compass Global's compliance with a Bureau directive issued pursuant to sections 4(i), 4(j), 218 and 403 of the Communications Act of 1934, as amended (the ``Act''), requiring it to provide certain information and documents. The Bureau and Compass Global have negotiated the terms of a
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-131A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-131A1.pdf
- call tracking system that was audited and certified. As part of fulfilling that responsibility, ISS was required to arrange to have access to answer supervision supplied by downstream IXCs. ISS failed to do so, and it may not now turn its regulatory default into an affirmative defense. Neither is ISS an ``Intermediate Carrier'' within the meaning of our rules. Rule 64.1310(b) defines an intermediate carrier as ``a facilities-based long distance carrier that switches payphone calls to other facilities-based long distance carriers.'' Because the category of Intermediate Carriers is mutually exclusive with that of Completing Carriers - one cannot be both with respect to the same call - the definition of Intermediate Carrier must be read to include an implied exception for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2001A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2001A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2001A1.txt
- that, if a Completing Carrier enters into such an agreement, then the Completing Carrier is not obligated to undergo an audit pursuant to section 64.1320 of the Commission's rules. Because a Completing Carrier need only undergo an audit if it institutes its own tracking and compensation system, we clarify that such an agreement with an interexchange carrier pursuant to section 64.1310(a) relieves a Completing Carrier of section 64.1320's obligation to undergo an audit. For further information regarding this public notice contact Darryl Cooper, Competition Policy Division, Wireline Competition Bureau, (202) 418-0580. Implementation of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, CC Docket No. 96-128, Report and Order, 18 FCC Rcd 19975 (2003) (Payphone Order). 68
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3545A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3545A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3545A1.txt
- Bureau, (202) 418-1580. Implementation of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, CC Docket No. 96-128, Order on Reconsideration, FCC 04-251 (rel. Oct. 22, 2004) (Order on Reconsideration). We note that this public notice reminding carriers of their obligations under our payphone rules does not by itself impose any new obligations. 47 C.F.R. 64.1310(a). Order on Reconsideration, para. 2. Id. 47 C.F.R. 64.1320(b). Order on Reconsideration, para. 45, App. B (47 C.F.R. 64.1320(b), (e)). Id. para. 15. Id. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ` h PNG r v "r9 I'6 dY͆aX
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1933A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1933A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1933A1.txt
- PAYPHONE COMPENSATION RULE CC Docket No. 96-128 On October 3, 2003, the Commission released a Report and Order in CC Docket No. 96-128 (Payphone Order) in which the Commission adopted new rules concerning the compensation of payphone service providers (PSPs) pursuant to section 276 of the Communications Act of 1934, as amended. In the Payphone Order, the Commission adopted section 64.1310(g) of its rules, which required each Completing Carrier and each Intermediate Carrier to maintain verification data to support the quarterly reports for 18 months after the close of that quarter. On October 22, 2004, the Commission released an Order on Reconsideration in which the Commission amended section 64.1310(g). The amended rule extends the time period that Completing Carriers and Intermediate
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1424A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1424A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1424A1.txt
- See, e.g., In the Matter of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, 19 FCC Rcd 21457, 1 (2004) (subsequent history omitted)(``October 2004 Payphone Order''); see also 47 U.S.C. 276; 47 C.F.R. 64.1300-64.1320. See, e.g., October 2004 Payphone Order at 2; see also 47 C.F.R. 64.1300. 47 C.F.R. 64.1310(a)(1). 47 C.F.R. 64.1320(a). See 47 C.F.R. 64.1320(b). Completing Carriers can comply with the requirement to submit the report to payphone service providers by posting a copy on either their website or a clearinghouse website. 47 C.F.R. 64.1320(b)(2). 47 C.F.R. 64.1320(g). Revised Joint Statement at 12; Complaint Exh. 2. Complaint Exhs. 3-11. Complaint Exh. 7 at
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1862A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1862A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1862A1.txt
- address, and telephone number of the persons responsible for handling the Completing Carrier's payphone compensation; and the carrier identification code (CIC) of all facilities-based long distance carriers that routed calls to the Completing Carrier, categorized by the list of toll-free and access code numbers dialed and completed by the Completing Carrier. Second, we remind Intermediate Carriers that, consistent with section 64.1310(c), they must provide accurate and timely quarterly reports (Intermediate Carrier reports) to each PSP that include: a list identifying all facilities-based long distance carriers to which the Intermediate Carrier switched toll-free and access code calls dialed from each of that PSP's payphones; a list of all the toll-free and access code numbers for calls dialed from each of that PSP's
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.txt
- requirements and ensure that all payphones provide free access to dialtone, emergency calls, and telecommunications relay service calls for the hearing disabled. Need: This subpart encourages competition in the payphone industry and promotes the deployment of payphone services as directed by section 276 of the Communications Act. Legal Basis: 47 U.S.C. 276. Section Number and Title: 64.1300 Payphone compensation obligation. 64.1310 Payphone compensation procedures. 64.1320 Payphone call tracking system audits. 64.1330 State review of payphone entry and exit regulations and public interest payphones. 64.1340 Right to negotiate. SUBPART O -- INTERSTATE PAY-PER-CALL AND OTHER INFORMATION SERVICES Brief Description: Part 64, Subpart O implements section 228 of the Communications Act of 1934, as amended. Subpart O mandates that common carriers assigning telephone
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1508A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1508A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1508A1.txt
- as to defendants Matrix Management, Inc. and ZCom Networks, Inc., and that this proceeding IS TERMINATED as to defendants Matrix Management, Inc. and ZCom Networks, Inc. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Complaint, File No. EB-08-MD-007 (filed August 13, 2008) (``Complaint''). 47 U.S.C. 208. 47 U.S.C. 201, 276; 47 C.F.R. 64.1310, 1320. Withdrawal of Formal Complaint as to Matrix Management, Inc. and ZCom Networks, Inc., File No. EB-08-MD-007 (filed July 1, 2009) (``Motion'') at 1 (seeking ``leave...to dismiss the [C]omplaint with prejudice'' as to Matrix and ZCom) APCC does not seek to dismiss defendants USP or NMI, who therefore remain parties to the case. Motion at 1. (...continued from previous page)
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2028A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2028A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2028A1.txt
- RespOrgUSA, Inc., Dollar Phone Access, Inc., Dollar Phone Enterprise, Inc., Dollar Phone Services, Inc., and Global Switching, Inc., (``Defendants'') pursuant to section 208 of the Communications Act of 1934, as amended (``Act''), and section 1.720 et seq. of the Commission's rules. The Complaint alleges, inter alia, that Defendants violated sections 201(b) and 276(b) of the Act and sections 64.1300 and 64.1310 of the Commission's rules by failing to pay dial-around compensation to payphone service providers represented by APCC Services. On July 16, 2009, Defendants filed an answer to the Complaint and in which they denied its allegations. On September 8, 2009, APCC Services filed a motion to dismiss the Complaint. In its Motion, APCC Services states that it has resolved its
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A1.txt
- 2009 Released: November 12, 2009 By the Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Next-G Communication, Inc. ("Next-G"). The Consent Decree terminates an investigation by the Bureau against Next-G for possible violations of section 276 of the Communications Act of 1934, as amended (the "Act"),1and sections 64.1300, 64.1310(a), and 64.1320 of the Commission's rules,2relating to payphone compensation, and section 214 of the Act3and section 63.18 of the Commission's rules,4relating to the provision of international telecommunications service. 2. The Bureauand Next-G 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
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2191A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2191A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2191A1.txt
- the above-captioned complaint IS DISMISSED WITH PREJUDICE as to defendants Network Management, Inc. and USP Communications, Inc., and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Complaint, File No. EB-08-MD-007 (filed August 13, 2008) (``Complaint''). 47 U.S.C. 208. 47 U.S.C. 201, 276; 47 C.F.R. 64.1310, 1320. See Commission rule 1.724(a), 47 C.F.R. 1.724(a); Second Notice of Formal Complaint, File No. EB-08-MD-007 (dated October 8, 2008). Withdrawal of Formal Complaint as to Matrix Management, Inc. and ZCom Networks, Inc., File No. EB-08-MD-007 (filed July 1, 2009) (``Motion'') at 1 (seeking ``leave...to dismiss the [C]omplaint with prejudice'' as to Matrix and ZCom). APCC did not seek
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1086A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1086A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1086A1.txt
- by the payphone-specific coding digit failure, and the action QCC is taking to assist SBRs to identify compensable calls that were affected by the payphone-specific coding digit failure; regarding information provided to PSPs, any information that, because of the payphone-specific coding digit failure, QCC was unable to include in its quarterly Completing Carrier and Intermediate Carrier reports submitted under section 64.1310 of the Commission's rules; and any other relevant information that enables affected LECs, SBRs and PSPs to take steps to resolve payphone-specific coding digit failures as soon as possible and to minimize the loss or delay of payphone compensation. QCC will update and post to its billing agents website information regarding the failure to transmit payphone-specific coding digits as soon
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1192A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1192A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1192A1.txt
- a Completing Carrier with respect to the calls at issue under the Commission's payphone compensation rules. The Litigation In its Complaint, APCC alleged that CCI failed to pay per-call compensation for calls made during the period beginning July 1, 2004, and ending September 30, 2008 (3Q2004-3Q2008), in violation of sections 201(b) and 276(b) of the Act and sections 64.1300 and 64.1310 of the Commission's rules. The Complaint further asserted that CCI failed to comply with the Commission's payphone call tracking and reporting requirements, in violation of sections 201(b) and 276(b) of the Act and sections 64.1310 and 64.1320 of the Commission's rules. In addition to requesting an order requiring CCI to come into compliance with rules 64.1300-64.1320, the Complaint sought damages
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1134A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1134A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1134A1.txt
- Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Compass, Inc., d/b/a Compass Global, Inc. (``Compass Global''). The Consent Decree terminates an investigation by the Bureau against Compass Global for possible violations of the Commission's rules governing payphone compensation. Specifically, the Consent Decree terminates the Bureau's investigation concerning sections 64.1300, 64.1310(a), and 64.1320 of the Commission's rules. The Consent Decree also terminates the Bureau's investigation of Compass Global's compliance with a Bureau directive issued pursuant to sections 4(i), 4(j), 218 and 403 of the Communications Act of 1934, as amended (the ``Act''), requiring it to provide certain information and documents. The Bureau and Compass Global have negotiated the terms of a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-240305A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-240305A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-240305A1.txt
- the last sentence, we replace ``FOCAL'' with ``Focal''. In footnote 61, in the first sentence, we insert ``out'' after ``points''. On page 1 of Appendix C listing the final rules, on the second line, we replace the word ``regulations'' with ``Regulations''. On page 1 of Appendix C listing the final rules, we delete the extra period at the end of ``64.1310(a)(1)''. On page 1 of Appendix C listing the final rules, in section 64.1310(a)(2), we replace ``section 64.1310(a)(4)'' with ``paragraph (a)(4) of this section''. On page 2 of Appendix C listing the final rules, we redesignate paragraphs 64.1310(a)(4)(A) through (D) as 64.1310(a)(4)(i) through (iv). On page 2 of Appendix C listing the final rules, in paragraph (4)(ii), we delete ``sub'' from
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-109A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-109A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-109A1.txt
- namely, the first facilities-based carrier must pay unless the reseller has identified itself to the first facilities-based carrier as being responsible for paying compensation . As set forth in Appendix B, we revise section 64.1300(a) to impose compensation payment responsibility upon the first facilities-based interexchange carrier to which the LEC routes a compensable coinless payphone call. Similarly, we revise section 64.1310(a) to impose upon the same facilities-based carrier the responsibility to track or arrange for tracking of calls, and to send back to the PSP a statement indicating the number of completed toll-free and access code calls that it has received from each of that PSP's payphones, unless the PSP agrees otherwise. We also revise section 64.1310(b) to permit the underlying
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-110A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-110A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-110A1.txt
- completed call from a payphone is routed shall compensate the payphone service provider for the call at a rate agreed upon by the parties by contract. * * * In the absence of an agreement as required by paragraph (a) of this section, the carrier is obligated to compensate the payphone service provider at a per-call rate of $.24. 64.1310 Payphone Compensation Payment Procedures. It is the responsibility of each carrier to whom a compensable call from a payphone is routed to track, or arrange for the tracking of, each such call so that it may accurately compute the compensation required by Section 64.1300(a). 3. Thus, when payphone users place toll-free calls that are routed to interexchange carriers (``IXCs''), the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-223A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-223A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-223A1.txt
- provide the name of a contact person at the SBR, a telephone number for that person, and the SBR's last known address. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, and sections 0.111, 0.311, 64.1300, and 64.1310 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 64.1300, and 64.1310, that the Joint Request filed on January 7, 2002 is granted, consistent with this Order. IT IS FURTHER ORDERED that this proceeding is terminated. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Joint Request, File No. E-98-49 (filed Jan. 7, 2002) (``Joint Request''). The original named complainants in this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-119A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-119A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-119A1.txt
- 7; APCC Reply Comments at 5. Cable & Wireless Comments at 2-3; MCI WorldCom Comments at 3-4; TRA Comments at 6. Second Order on Reconsideration, 16 FCC Rcd at 8103, para. 8. Id. at 8106-07, paras. 15-16. See Second Order on Reconsideration, 16 FCC Rcd. at 8108, para.21, App. B (setting forth amended rules); see also 47 C.F.R. 64.1300, 64.1310(a), (b) (2002). Sprint, 315 F.3d at 372, 378. Id. at 372, 378. Second Order on Reconsideration at para. 8. See Third Order on Reconsideration. Second Order on Reconsideration at para. 10. See Brief filed for Sprint Corp. et al., No. 01-1266 (D.C. Circuit Mar. 11, 2002) (``The record shows that. . . PSPs have had trouble collecting from SBRs [switch-based
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-235A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-235A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-235A1.txt
- 215, 218-220, 226, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 201-205, 215, 218-220, 226, and 276, IT IS ORDERED that the policies, rules, and requirements set forth herein ARE ADOPTED. IT IS FURTHER ORDERED that part 64 of the Commission's rules, 47 C.F.R. Part 64, IS AMENDED by revising sections 64.1300(a) and (b), 64.1310(a), (b), (c), and (g), and 64.1320(a), (b), (c), (d), (e), (f), and (g), as set forth in Appendix C of this Report and Order. IT IS FURTHER ORDERED that for good cause found above, the interim rules set forth in Appendix B ARE EFFECTIVE upon their publication in the Federal Register and that the portions of this Report and Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-251A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-251A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-251A1.txt
- and the carriers to opt out of the Payphone Compensation Rules and agree to other compensation agreements that might better serve their business needs. Accordingly, the Payphone Compensation Rules specifically give parties flexibility to agree to other compensation arrangements and avoid complying with any or all of the Payphone Compensation Rules, including the payment, tracking, and reporting obligations of section 64.1310(a) and the audit requirements of section 64.1320 of our rules. For purposes of this Report and Order, other compensation arrangements will be called Alternative Compensation Arrangements (ACAs). Petitions for Reconsideration. In its petition, the RBOC Coalition requests that the Commission reverse itself and place liability on the first, not the last, facilities-based long distance carrier in the call path of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-71A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-71A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-71A1.txt
- of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX A The Federal Communications Commission amends 47 C.F.R. Part 64 as follows: 64.1301 Per-payphone compensation obligation. * * * . Effective _______, the default compensation to be paid by each entity shall be the amount listed in Appendix C multiplied by __. See 47 C.F.R. 64.1310(e). See also infra note 16. 47 C.F.R. 64.1300(c). Request to Update Default Compensation Rate for Dial-Around Calls From Payphones, Report and Order, 19 FCC Rcd 15636 (2004) (Per-Call Compensation Rate Order). 47 U.S.C. 276 (b) (1). See Implementation of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, CC Docket No. 96-128, Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-186A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-186A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-186A1.txt
- Global, Inc. (``Compass Global''), has apparently failed to meet its statutory and regulatory obligations related to payphone compensation. Based upon our review of the facts and circumstances in this matter, we find that Compass Global is apparently liable for a total forfeiture of $466,000. Specifically, as discussed in detail below, we find that Compass Global has apparently violated: (1) sections 64.1310(a)(1) and 64.1320(c)(1) of the Commission's rules, by willfully and repeatedly failing to establish, on a timely basis, a call tracking system that accurately tracks coinless access code or subscriber toll-free payphone calls to completion; (2) section 64.1320 of the rules, by willfully and repeatedly failing to have its call tracking system audited, to file a System Audit Report, or to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-186A1_Erratum.doc
- Global, Inc. (``Compass Global''), has apparently failed to meet its statutory and regulatory obligations related to payphone compensation. Based upon our review of the facts and circumstances in this matter, we find that Compass Global is apparently liable for a total forfeiture of $466,000. Specifically, as discussed in detail below, we find that Compass Global has apparently violated: (1) sections 64.1310(a)(1) and 64.1320(c)(1) of the Commission's rules, by willfully and repeatedly failing to establish, on a timely basis, a call tracking system that accurately tracks coinless access code or subscriber toll-free payphone calls to completion; (2) section 64.1320 of the rules, by willfully and repeatedly failing to have its call tracking system audited, to file a System Audit Report, or to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-131A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-131A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-131A1.txt
- call tracking system that was audited and certified. As part of fulfilling that responsibility, ISS was required to arrange to have access to answer supervision supplied by downstream IXCs. ISS failed to do so, and it may not now turn its regulatory default into an affirmative defense. Neither is ISS an ``Intermediate Carrier'' within the meaning of our rules. Rule 64.1310(b) defines an intermediate carrier as ``a facilities-based long distance carrier that switches payphone calls to other facilities-based long distance carriers.'' Because the category of Intermediate Carriers is mutually exclusive with that of Completing Carriers - one cannot be both with respect to the same call - the definition of Intermediate Carrier must be read to include an implied exception for
- http://transition.fcc.gov/eb/Orders/2001/fcc01110.doc http://transition.fcc.gov/eb/Orders/2001/fcc01110.html
- completed call from a payphone is routed shall compensate the payphone service provider for the call at a rate agreed upon by the parties by contract. * * * In the absence of an agreement as required by paragraph (a) of this section, the carrier is obligated to compensate the payphone service provider at a per-call rate of $.24. 64.1310 Payphone Compensation Payment Procedures. It is the responsibility of each carrier to whom a compensable call from a payphone is routed to track, or arrange for the tracking of, each such call so that it may accurately compute the compensation required by Section 64.1300(a). 3. Thus, when payphone users place toll-free calls that are routed to interexchange carriers (``IXCs''), the
- http://transition.fcc.gov/eb/Orders/2002/FCC-02-223A1.html
- the name of a contact person at the SBR, a telephone number for that person, and the SBR's last known address.3132 IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, and sections 0.111, 0.311, 64.1300, and 64.1310 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 64.1300, and 64.1310, that the Joint Request filed on January 7, 2002 is granted, consistent with this Order. 13. IT IS FURTHER ORDERED that this proceeding is terminated. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 Joint Request, File No. E-98-49 (filed Jan. 7, 2002) (``Joint Request''). 2 The original named
- http://transition.fcc.gov/eb/Orders/2006/DA-06-1424A1.html
- See, e.g., In the Matter of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, 19 FCC Rcd 21457, P 1 (2004) (subsequent history omitted)("October 2004 Payphone Order"); see also 47 U.S.C. S 276; 47 C.F.R. SS 64.1300-64.1320. See, e.g., October 2004 Payphone Order at P 2; see also 47 C.F.R. S 64.1300. 47 C.F.R. S 64.1310(a)(1). 47 C.F.R. S 64.1320(a). See 47 C.F.R. S 64.1320(b). Completing Carriers can comply with the requirement to submit the report to payphone service providers by posting a copy on either their website or a clearinghouse website. 47 C.F.R. S 64.1320(b)(2). 47 C.F.R. S 64.1320(g). Revised Joint Statement at P 12; Complaint Exh. 2. Complaint Exhs. 3-11. Complaint Exh. 7 at
- http://transition.fcc.gov/eb/Orders/2006/FCC-06-186A1.html
- Inc. ("Compass Global"), has apparently failed to meet its statutory and regulatory obligations related to payphone compensation. Based upon our review of the facts and circumstances in this matter, we find that Compass Global is apparently liable for a total forfeiture of $466,000. 2. Specifically, as discussed in detail below, we find that Compass Global has apparently violated: (1) sections 64.1310(a)(1) and 64.1320(c)(1) of the Commission's rules, by willfully and repeatedly failing to establish, on a timely basis, a call tracking system that accurately tracks coinless access code or subscriber toll-free payphone calls to completion; (2) section 64.1320 of the rules, by willfully and repeatedly failing to have its call tracking system audited, to file a System Audit Report, or to
- http://transition.fcc.gov/eb/Orders/2008/FCC-08-131A1.html
- tracking system that was audited and certified. As part of fulfilling that responsibility, ISS was required to arrange to have access to answer supervision supplied by downstream IXCs. ISS failed to do so, and it may not now turn its regulatory default into an affirmative defense. 26. Neither is ISS an "Intermediate Carrier" within the meaning of our rules. Rule 64.1310(b) defines an intermediate carrier as "a facilities-based long distance carrier that switches payphone calls to other facilities-based long distance carriers." Because the category of Intermediate Carriers is mutually exclusive with that of Completing Carriers - one cannot be both with respect to the same call - the definition of Intermediate Carrier must be read to include an implied exception for
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1508A1.html
- as to defendants Matrix Management, Inc. and ZCom Networks, Inc., and that this proceeding IS TERMINATED as to defendants Matrix Management, Inc. and ZCom Networks, Inc. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Complaint, File No. EB-08-MD-007 (filed August 13, 2008) ("Complaint"). 47 U.S.C. S: 208. 47 U.S.C. S: 201, 276; 47 C.F.R. S:S: 64.1310, 1320. Withdrawal of Formal Complaint as to Matrix Management, Inc. and ZCom Networks, Inc., File No. EB-08-MD-007 (filed July 1, 2009) ("Motion") at 1 (seeking "leave...to dismiss the [C]omplaint with prejudice" as to Matrix and ZCom) APCC does not seek to dismiss defendants USP or NMI, who therefore remain parties to the case. Motion at 1. (...continued from previous page)
- http://transition.fcc.gov/eb/Orders/2009/DA-09-2028A1.html
- RespOrgUSA, Inc., Dollar Phone Access, Inc., Dollar Phone Enterprise, Inc., Dollar Phone Services, Inc., and Global Switching, Inc., ("Defendants") pursuant to section 208 of the Communications Act of 1934, as amended ("Act"), and section 1.720 et seq. of the Commission's rules. The Complaint alleges, inter alia, that Defendants violated sections 201(b) and 276(b) of the Act and sections 64.1300 and 64.1310 of the Commission's rules by failing to pay dial-around compensation to payphone service providers represented by APCC Services. On July 16, 2009, Defendants filed an answer to the Complaint and in which they denied its allegations. 2. On September 8, 2009, APCC Services filed a motion to dismiss the Complaint. In its Motion, APCC Services states that it has resolved
- http://transition.fcc.gov/eb/Orders/2009/DA-09-2068A1.html
- Released: November 12, 2009 By the Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Next-G Communication, Inc. ("Next-G"). The Consent Decree terminates an investigation by the Bureau against Next-G for possible violations of section 276 of the Communications Act of 1934, as amended (the "Act"), and sections 64.1300, 64.1310(a), and 64.1320 of the Commission's rules, relating to payphone compensation, and section 214 of the Act and section 63.18 of the Commission's rules, relating to the provision of international telecommunications service. 2. The Bureau and Next-G have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by
- http://transition.fcc.gov/eb/Orders/2009/DA-09-2068A2.html
- CONSENT DECREE 1. The Enforcement Bureau ("Bureau") of the Federal Communications Commission ("Commission" or "FCC") and Next-G Communication, Inc. ("Next-G" or the "Company"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether Next-G violated section 276 of the Communications Act of 1934, as amended (the "Act"), and sections 64.1300, 64.1310(a), and 64.1320 of the Commission's Rules, relating to payphone compensation, and section 214 of the Act and section 63.18 of the Commission's Rules, relating to the provision of international telecommunications service. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151
- http://transition.fcc.gov/eb/Orders/2009/DA-09-2191A1.html
- the above-captioned complaint IS DISMISSED WITH PREJUDICE as to defendants Network Management, Inc. and USP Communications, Inc., and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Complaint, File No. EB-08-MD-007 (filed August 13, 2008) ("Complaint"). 47 U.S.C. S: 208. 47 U.S.C. S: 201, 276; 47 C.F.R. S:S: 64.1310, 1320. See Commission rule 1.724(a), 47 C.F.R. S: 1.724(a); Second Notice of Formal Complaint, File No. EB-08-MD-007 (dated October 8, 2008). Withdrawal of Formal Complaint as to Matrix Management, Inc. and ZCom Networks, Inc., File No. EB-08-MD-007 (filed July 1, 2009) ("Motion") at 1 (seeking "leave...to dismiss the [C]omplaint with prejudice" as to Matrix and ZCom). APCC did not seek
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1086A1.html
- the payphone-specific coding digit failure, and the action QCC is taking to assist SBRs to identify compensable calls that were affected by the payphone-specific coding digit failure; 6. regarding information provided to PSPs, any information that, because of the payphone-specific coding digit failure, QCC was unable to include in its quarterly Completing Carrier and Intermediate Carrier reports submitted under section 64.1310 of the Commission's rules; and 7. any other relevant information that enables affected LECs, SBRs and PSPs to take steps to resolve payphone-specific coding digit failures as soon as possible and to minimize the loss or delay of payphone compensation. QCC will update and post to its billing agents website information regarding the failure to transmit payphone-specific coding digits as
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1192A1.html
- Carrier with respect to the calls at issue under the Commission's payphone compensation rules. C. The Litigation 4. In its Complaint, APCC alleged that CCI failed to pay per-call compensation for calls made during the period beginning July 1, 2004, and ending September 30, 2008 (3Q2004-3Q2008), in violation of sections 201(b) and 276(b) of the Act and sections 64.1300 and 64.1310 of the Commission's rules. The Complaint further asserted that CCI failed to comply with the Commission's payphone call tracking and reporting requirements, in violation of sections 201(b) and 276(b) of the Act and sections 64.1310 and 64.1320 of the Commission's rules. 5. In addition to requesting an order requiring CCI to come into compliance with rules 64.1300-64.1320, the Complaint sought
- http://transition.fcc.gov/eb/Orders/2011/DA-11-1134A1.html
- 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and Compass, Inc., d/b/a Compass Global, Inc. ("Compass Global"). The Consent Decree terminates an investigation by the Bureau against Compass Global for possible violations of the Commission's rules governing payphone compensation. Specifically, the Consent Decree terminates the Bureau's investigation concerning sections 64.1300, 64.1310(a), and 64.1320 of the Commission's rules. The Consent Decree also terminates the Bureau's investigation of Compass Global's compliance with a Bureau directive issued pursuant to sections 4(i), 4(j), 218 and 403 of the Communications Act of 1934, as amended (the "Act"), requiring it to provide certain information and documents. 2. The Bureau and Compass Global have negotiated the terms of
- http://www.fcc.gov/eb/Orders/2001/fcc01110.doc http://www.fcc.gov/eb/Orders/2001/fcc01110.html
- completed call from a payphone is routed shall compensate the payphone service provider for the call at a rate agreed upon by the parties by contract. * * * In the absence of an agreement as required by paragraph (a) of this section, the carrier is obligated to compensate the payphone service provider at a per-call rate of $.24. 64.1310 Payphone Compensation Payment Procedures. It is the responsibility of each carrier to whom a compensable call from a payphone is routed to track, or arrange for the tracking of, each such call so that it may accurately compute the compensation required by Section 64.1300(a). 3. Thus, when payphone users place toll-free calls that are routed to interexchange carriers (``IXCs''), the
- http://www.fcc.gov/eb/Orders/2002/FCC-02-223A1.html
- the name of a contact person at the SBR, a telephone number for that person, and the SBR's last known address.3132 IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, and sections 0.111, 0.311, 64.1300, and 64.1310 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 64.1300, and 64.1310, that the Joint Request filed on January 7, 2002 is granted, consistent with this Order. 13. IT IS FURTHER ORDERED that this proceeding is terminated. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 Joint Request, File No. E-98-49 (filed Jan. 7, 2002) (``Joint Request''). 2 The original named
- http://www.fcc.gov/eb/Orders/2006/DA-06-1424A1.html
- See, e.g., In the Matter of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, 19 FCC Rcd 21457, P 1 (2004) (subsequent history omitted)("October 2004 Payphone Order"); see also 47 U.S.C. S 276; 47 C.F.R. SS 64.1300-64.1320. See, e.g., October 2004 Payphone Order at P 2; see also 47 C.F.R. S 64.1300. 47 C.F.R. S 64.1310(a)(1). 47 C.F.R. S 64.1320(a). See 47 C.F.R. S 64.1320(b). Completing Carriers can comply with the requirement to submit the report to payphone service providers by posting a copy on either their website or a clearinghouse website. 47 C.F.R. S 64.1320(b)(2). 47 C.F.R. S 64.1320(g). Revised Joint Statement at P 12; Complaint Exh. 2. Complaint Exhs. 3-11. Complaint Exh. 7 at
- http://www.fcc.gov/eb/Orders/2006/FCC-06-186A1.html
- Inc. ("Compass Global"), has apparently failed to meet its statutory and regulatory obligations related to payphone compensation. Based upon our review of the facts and circumstances in this matter, we find that Compass Global is apparently liable for a total forfeiture of $466,000. 2. Specifically, as discussed in detail below, we find that Compass Global has apparently violated: (1) sections 64.1310(a)(1) and 64.1320(c)(1) of the Commission's rules, by willfully and repeatedly failing to establish, on a timely basis, a call tracking system that accurately tracks coinless access code or subscriber toll-free payphone calls to completion; (2) section 64.1320 of the rules, by willfully and repeatedly failing to have its call tracking system audited, to file a System Audit Report, or to
- http://www.fcc.gov/eb/Orders/2008/FCC-08-131A1.html
- tracking system that was audited and certified. As part of fulfilling that responsibility, ISS was required to arrange to have access to answer supervision supplied by downstream IXCs. ISS failed to do so, and it may not now turn its regulatory default into an affirmative defense. 26. Neither is ISS an "Intermediate Carrier" within the meaning of our rules. Rule 64.1310(b) defines an intermediate carrier as "a facilities-based long distance carrier that switches payphone calls to other facilities-based long distance carriers." Because the category of Intermediate Carriers is mutually exclusive with that of Completing Carriers - one cannot be both with respect to the same call - the definition of Intermediate Carrier must be read to include an implied exception for
- http://www.fcc.gov/eb/Orders/2009/DA-09-1508A1.html
- as to defendants Matrix Management, Inc. and ZCom Networks, Inc., and that this proceeding IS TERMINATED as to defendants Matrix Management, Inc. and ZCom Networks, Inc. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Complaint, File No. EB-08-MD-007 (filed August 13, 2008) ("Complaint"). 47 U.S.C. S: 208. 47 U.S.C. S: 201, 276; 47 C.F.R. S:S: 64.1310, 1320. Withdrawal of Formal Complaint as to Matrix Management, Inc. and ZCom Networks, Inc., File No. EB-08-MD-007 (filed July 1, 2009) ("Motion") at 1 (seeking "leave...to dismiss the [C]omplaint with prejudice" as to Matrix and ZCom) APCC does not seek to dismiss defendants USP or NMI, who therefore remain parties to the case. Motion at 1. (...continued from previous page)
- http://www.fcc.gov/eb/Orders/2009/DA-09-2028A1.html
- RespOrgUSA, Inc., Dollar Phone Access, Inc., Dollar Phone Enterprise, Inc., Dollar Phone Services, Inc., and Global Switching, Inc., ("Defendants") pursuant to section 208 of the Communications Act of 1934, as amended ("Act"), and section 1.720 et seq. of the Commission's rules. The Complaint alleges, inter alia, that Defendants violated sections 201(b) and 276(b) of the Act and sections 64.1300 and 64.1310 of the Commission's rules by failing to pay dial-around compensation to payphone service providers represented by APCC Services. On July 16, 2009, Defendants filed an answer to the Complaint and in which they denied its allegations. 2. On September 8, 2009, APCC Services filed a motion to dismiss the Complaint. In its Motion, APCC Services states that it has resolved
- http://www.fcc.gov/eb/Orders/2009/DA-09-2068A1.html
- Released: November 12, 2009 By the Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Next-G Communication, Inc. ("Next-G"). The Consent Decree terminates an investigation by the Bureau against Next-G for possible violations of section 276 of the Communications Act of 1934, as amended (the "Act"), and sections 64.1300, 64.1310(a), and 64.1320 of the Commission's rules, relating to payphone compensation, and section 214 of the Act and section 63.18 of the Commission's rules, relating to the provision of international telecommunications service. 2. The Bureau and Next-G have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by
- http://www.fcc.gov/eb/Orders/2009/DA-09-2068A2.html
- CONSENT DECREE 1. The Enforcement Bureau ("Bureau") of the Federal Communications Commission ("Commission" or "FCC") and Next-G Communication, Inc. ("Next-G" or the "Company"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether Next-G violated section 276 of the Communications Act of 1934, as amended (the "Act"), and sections 64.1300, 64.1310(a), and 64.1320 of the Commission's Rules, relating to payphone compensation, and section 214 of the Act and section 63.18 of the Commission's Rules, relating to the provision of international telecommunications service. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151
- http://www.fcc.gov/eb/Orders/2009/DA-09-2191A1.html
- the above-captioned complaint IS DISMISSED WITH PREJUDICE as to defendants Network Management, Inc. and USP Communications, Inc., and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Complaint, File No. EB-08-MD-007 (filed August 13, 2008) ("Complaint"). 47 U.S.C. S: 208. 47 U.S.C. S: 201, 276; 47 C.F.R. S:S: 64.1310, 1320. See Commission rule 1.724(a), 47 C.F.R. S: 1.724(a); Second Notice of Formal Complaint, File No. EB-08-MD-007 (dated October 8, 2008). Withdrawal of Formal Complaint as to Matrix Management, Inc. and ZCom Networks, Inc., File No. EB-08-MD-007 (filed July 1, 2009) ("Motion") at 1 (seeking "leave...to dismiss the [C]omplaint with prejudice" as to Matrix and ZCom). APCC did not seek
- http://www.fcc.gov/eb/Orders/2010/DA-10-1086A1.html
- the payphone-specific coding digit failure, and the action QCC is taking to assist SBRs to identify compensable calls that were affected by the payphone-specific coding digit failure; 6. regarding information provided to PSPs, any information that, because of the payphone-specific coding digit failure, QCC was unable to include in its quarterly Completing Carrier and Intermediate Carrier reports submitted under section 64.1310 of the Commission's rules; and 7. any other relevant information that enables affected LECs, SBRs and PSPs to take steps to resolve payphone-specific coding digit failures as soon as possible and to minimize the loss or delay of payphone compensation. QCC will update and post to its billing agents website information regarding the failure to transmit payphone-specific coding digits as
- http://www.fcc.gov/eb/Orders/2010/DA-10-1192A1.html
- Carrier with respect to the calls at issue under the Commission's payphone compensation rules. C. The Litigation 4. In its Complaint, APCC alleged that CCI failed to pay per-call compensation for calls made during the period beginning July 1, 2004, and ending September 30, 2008 (3Q2004-3Q2008), in violation of sections 201(b) and 276(b) of the Act and sections 64.1300 and 64.1310 of the Commission's rules. The Complaint further asserted that CCI failed to comply with the Commission's payphone call tracking and reporting requirements, in violation of sections 201(b) and 276(b) of the Act and sections 64.1310 and 64.1320 of the Commission's rules. 5. In addition to requesting an order requiring CCI to come into compliance with rules 64.1300-64.1320, the Complaint sought
- http://www.fcc.gov/eb/Orders/2011/DA-11-1134A1.html
- 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and Compass, Inc., d/b/a Compass Global, Inc. ("Compass Global"). The Consent Decree terminates an investigation by the Bureau against Compass Global for possible violations of the Commission's rules governing payphone compensation. Specifically, the Consent Decree terminates the Bureau's investigation concerning sections 64.1300, 64.1310(a), and 64.1320 of the Commission's rules. The Consent Decree also terminates the Bureau's investigation of Compass Global's compliance with a Bureau directive issued pursuant to sections 4(i), 4(j), 218 and 403 of the Communications Act of 1934, as amended (the "Act"), requiring it to provide certain information and documents. 2. The Bureau and Compass Global have negotiated the terms of
- http://www.fcc.gov/ogc/documents/opinions/2003/01-1266.doc http://www.fcc.gov/ogc/documents/opinions/2003/01-1266.html http://www.fcc.gov/ogc/documents/opinions/2003/01-1266.pdf
- Order, 11 F.C.C.R. at 20,596 p 110, with Second Reconsideration Order, 16 F.C.C.R. at 8106 p 18. Finally, the Commission noted that PSPs could continue to arrange alternative compensation schemes through private contracts with IXCs and SBRs. Second Reconsideration Order, 16 F.C.C.R. at 8106-07 p 19. The Commission amended its regulations to reflect these changes. See 47 C.F.R. 64.1300, 64.1310 (2001). Denying reconsideration, the Commission rejected the IXCs' objections to the new rule. Third Order on Reconsideration and Order on Clarification, 16 F.C.C.R. 20,922 (2001). Sprint now petitions the court for review. II. Sprint's contention that the Commission erred by failing to issue a new NPRM prior to promulgating a new rule in the Second Order on Reconsideration is based
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1508A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1508A1.pdf
- as to defendants Matrix Management, Inc. and ZCom Networks, Inc., and that this proceeding IS TERMINATED as to defendants Matrix Management, Inc. and ZCom Networks, Inc. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Complaint, File No. EB-08-MD-007 (filed August 13, 2008) (``Complaint''). 47 U.S.C. 208. 47 U.S.C. 201, 276; 47 C.F.R. 64.1310, 1320. Withdrawal of Formal Complaint as to Matrix Management, Inc. and ZCom Networks, Inc., File No. EB-08-MD-007 (filed July 1, 2009) (``Motion'') at 1 (seeking ``leave...to dismiss the [C]omplaint with prejudice'' as to Matrix and ZCom) APCC does not seek to dismiss defendants USP or NMI, who therefore remain parties to the case. Motion at 1. (...continued from previous page)
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2028A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2028A1.pdf
- RespOrgUSA, Inc., Dollar Phone Access, Inc., Dollar Phone Enterprise, Inc., Dollar Phone Services, Inc., and Global Switching, Inc., (``Defendants'') pursuant to section 208 of the Communications Act of 1934, as amended (``Act''), and section 1.720 et seq. of the Commission's rules. The Complaint alleges, inter alia, that Defendants violated sections 201(b) and 276(b) of the Act and sections 64.1300 and 64.1310 of the Commission's rules by failing to pay dial-around compensation to payphone service providers represented by APCC Services. On July 16, 2009, Defendants filed an answer to the Complaint and in which they denied its allegations. On September 8, 2009, APCC Services filed a motion to dismiss the Complaint. In its Motion, APCC Services states that it has resolved its
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A1.pdf
- 2009 Released: November 12, 2009 By the Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Next-G Communication, Inc. (``Next-G''). The Consent Decree terminates an investigation by the Bureau against Next-G for possible violations of section 276 of the Communications Act of 1934, as amended (the ``Act''), and sections 64.1300, 64.1310(a), and 64.1320 of the Commission's rules, relating to payphone compensation, and section 214 of the Act and section 63.18 of the Commission's rules, relating to the provision of international telecommunications service. The Bureau and Next-G have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A2.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A2.pdf
- 0010717874 CONSENT DECREE The Enforcement Bureau (``Bureau'') of the Federal Communications Commission (``Commission'' or ``FCC'') and Next-G Communication, Inc. (``Next-G'' or the ``Company''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether Next-G violated section 276 of the Communications Act of 1934, as amended (the ``Act''), and sections 64.1300, 64.1310(a), and 64.1320 of the Commission's Rules, relating to payphone compensation, and section 214 of the Act and section 63.18 of the Commission's Rules, relating to the provision of international telecommunications service. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq.
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2191A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2191A1.pdf
- the above-captioned complaint IS DISMISSED WITH PREJUDICE as to defendants Network Management, Inc. and USP Communications, Inc., and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Complaint, File No. EB-08-MD-007 (filed August 13, 2008) (``Complaint''). 47 U.S.C. 208. 47 U.S.C. 201, 276; 47 C.F.R. 64.1310, 1320. See Commission rule 1.724(a), 47 C.F.R. 1.724(a); Second Notice of Formal Complaint, File No. EB-08-MD-007 (dated October 8, 2008). Withdrawal of Formal Complaint as to Matrix Management, Inc. and ZCom Networks, Inc., File No. EB-08-MD-007 (filed July 1, 2009) (``Motion'') at 1 (seeking ``leave...to dismiss the [C]omplaint with prejudice'' as to Matrix and ZCom). APCC did not seek
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1086A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1086A1.pdf
- by the payphone-specific coding digit failure, and the action QCC is taking to assist SBRs to identify compensable calls that were affected by the payphone-specific coding digit failure; regarding information provided to PSPs, any information that, because of the payphone-specific coding digit failure, QCC was unable to include in its quarterly Completing Carrier and Intermediate Carrier reports submitted under section 64.1310 of the Commission's rules; and any other relevant information that enables affected LECs, SBRs and PSPs to take steps to resolve payphone-specific coding digit failures as soon as possible and to minimize the loss or delay of payphone compensation. QCC will update and post to its billing agents website information regarding the failure to transmit payphone-specific coding digits as soon
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1192A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1192A1.pdf
- a Completing Carrier with respect to the calls at issue under the Commission's payphone compensation rules. The Litigation In its Complaint, APCC alleged that CCI failed to pay per-call compensation for calls made during the period beginning July 1, 2004, and ending September 30, 2008 (3Q2004-3Q2008), in violation of sections 201(b) and 276(b) of the Act and sections 64.1300 and 64.1310 of the Commission's rules. The Complaint further asserted that CCI failed to comply with the Commission's payphone call tracking and reporting requirements, in violation of sections 201(b) and 276(b) of the Act and sections 64.1310 and 64.1320 of the Commission's rules. In addition to requesting an order requiring CCI to come into compliance with rules 64.1300-64.1320, the Complaint sought damages
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1134A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1134A1.pdf
- Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Compass, Inc., d/b/a Compass Global, Inc. (``Compass Global''). The Consent Decree terminates an investigation by the Bureau against Compass Global for possible violations of the Commission's rules governing payphone compensation. Specifically, the Consent Decree terminates the Bureau's investigation concerning sections 64.1300, 64.1310(a), and 64.1320 of the Commission's rules. The Consent Decree also terminates the Bureau's investigation of Compass Global's compliance with a Bureau directive issued pursuant to sections 4(i), 4(j), 218 and 403 of the Communications Act of 1934, as amended (the ``Act''), requiring it to provide certain information and documents. The Bureau and Compass Global have negotiated the terms of a
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-131A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-131A1.pdf
- call tracking system that was audited and certified. As part of fulfilling that responsibility, ISS was required to arrange to have access to answer supervision supplied by downstream IXCs. ISS failed to do so, and it may not now turn its regulatory default into an affirmative defense. Neither is ISS an ``Intermediate Carrier'' within the meaning of our rules. Rule 64.1310(b) defines an intermediate carrier as ``a facilities-based long distance carrier that switches payphone calls to other facilities-based long distance carriers.'' Because the category of Intermediate Carriers is mutually exclusive with that of Completing Carriers - one cannot be both with respect to the same call - the definition of Intermediate Carrier must be read to include an implied exception for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2001A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2001A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2001A1.txt
- that, if a Completing Carrier enters into such an agreement, then the Completing Carrier is not obligated to undergo an audit pursuant to section 64.1320 of the Commission's rules. Because a Completing Carrier need only undergo an audit if it institutes its own tracking and compensation system, we clarify that such an agreement with an interexchange carrier pursuant to section 64.1310(a) relieves a Completing Carrier of section 64.1320's obligation to undergo an audit. For further information regarding this public notice contact Darryl Cooper, Competition Policy Division, Wireline Competition Bureau, (202) 418-0580. Implementation of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, CC Docket No. 96-128, Report and Order, 18 FCC Rcd 19975 (2003) (Payphone Order). 68
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3545A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3545A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3545A1.txt
- Bureau, (202) 418-1580. Implementation of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, CC Docket No. 96-128, Order on Reconsideration, FCC 04-251 (rel. Oct. 22, 2004) (Order on Reconsideration). We note that this public notice reminding carriers of their obligations under our payphone rules does not by itself impose any new obligations. 47 C.F.R. 64.1310(a). Order on Reconsideration, para. 2. Id. 47 C.F.R. 64.1320(b). Order on Reconsideration, para. 45, App. B (47 C.F.R. 64.1320(b), (e)). Id. para. 15. Id. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ` h PNG r v "r9 I'6 dY͆aX
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1933A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1933A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1933A1.txt
- PAYPHONE COMPENSATION RULE CC Docket No. 96-128 On October 3, 2003, the Commission released a Report and Order in CC Docket No. 96-128 (Payphone Order) in which the Commission adopted new rules concerning the compensation of payphone service providers (PSPs) pursuant to section 276 of the Communications Act of 1934, as amended. In the Payphone Order, the Commission adopted section 64.1310(g) of its rules, which required each Completing Carrier and each Intermediate Carrier to maintain verification data to support the quarterly reports for 18 months after the close of that quarter. On October 22, 2004, the Commission released an Order on Reconsideration in which the Commission amended section 64.1310(g). The amended rule extends the time period that Completing Carriers and Intermediate
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1424A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1424A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1424A1.txt
- See, e.g., In the Matter of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, 19 FCC Rcd 21457, 1 (2004) (subsequent history omitted)(``October 2004 Payphone Order''); see also 47 U.S.C. 276; 47 C.F.R. 64.1300-64.1320. See, e.g., October 2004 Payphone Order at 2; see also 47 C.F.R. 64.1300. 47 C.F.R. 64.1310(a)(1). 47 C.F.R. 64.1320(a). See 47 C.F.R. 64.1320(b). Completing Carriers can comply with the requirement to submit the report to payphone service providers by posting a copy on either their website or a clearinghouse website. 47 C.F.R. 64.1320(b)(2). 47 C.F.R. 64.1320(g). Revised Joint Statement at 12; Complaint Exh. 2. Complaint Exhs. 3-11. Complaint Exh. 7 at
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1862A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1862A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1862A1.txt
- address, and telephone number of the persons responsible for handling the Completing Carrier's payphone compensation; and the carrier identification code (CIC) of all facilities-based long distance carriers that routed calls to the Completing Carrier, categorized by the list of toll-free and access code numbers dialed and completed by the Completing Carrier. Second, we remind Intermediate Carriers that, consistent with section 64.1310(c), they must provide accurate and timely quarterly reports (Intermediate Carrier reports) to each PSP that include: a list identifying all facilities-based long distance carriers to which the Intermediate Carrier switched toll-free and access code calls dialed from each of that PSP's payphones; a list of all the toll-free and access code numbers for calls dialed from each of that PSP's
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.txt
- requirements and ensure that all payphones provide free access to dialtone, emergency calls, and telecommunications relay service calls for the hearing disabled. Need: This subpart encourages competition in the payphone industry and promotes the deployment of payphone services as directed by section 276 of the Communications Act. Legal Basis: 47 U.S.C. 276. Section Number and Title: 64.1300 Payphone compensation obligation. 64.1310 Payphone compensation procedures. 64.1320 Payphone call tracking system audits. 64.1330 State review of payphone entry and exit regulations and public interest payphones. 64.1340 Right to negotiate. SUBPART O -- INTERSTATE PAY-PER-CALL AND OTHER INFORMATION SERVICES Brief Description: Part 64, Subpart O implements section 228 of the Communications Act of 1934, as amended. Subpart O mandates that common carriers assigning telephone
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1508A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1508A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1508A1.txt
- as to defendants Matrix Management, Inc. and ZCom Networks, Inc., and that this proceeding IS TERMINATED as to defendants Matrix Management, Inc. and ZCom Networks, Inc. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Complaint, File No. EB-08-MD-007 (filed August 13, 2008) (``Complaint''). 47 U.S.C. 208. 47 U.S.C. 201, 276; 47 C.F.R. 64.1310, 1320. Withdrawal of Formal Complaint as to Matrix Management, Inc. and ZCom Networks, Inc., File No. EB-08-MD-007 (filed July 1, 2009) (``Motion'') at 1 (seeking ``leave...to dismiss the [C]omplaint with prejudice'' as to Matrix and ZCom) APCC does not seek to dismiss defendants USP or NMI, who therefore remain parties to the case. Motion at 1. (...continued from previous page)
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2028A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2028A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2028A1.txt
- RespOrgUSA, Inc., Dollar Phone Access, Inc., Dollar Phone Enterprise, Inc., Dollar Phone Services, Inc., and Global Switching, Inc., (``Defendants'') pursuant to section 208 of the Communications Act of 1934, as amended (``Act''), and section 1.720 et seq. of the Commission's rules. The Complaint alleges, inter alia, that Defendants violated sections 201(b) and 276(b) of the Act and sections 64.1300 and 64.1310 of the Commission's rules by failing to pay dial-around compensation to payphone service providers represented by APCC Services. On July 16, 2009, Defendants filed an answer to the Complaint and in which they denied its allegations. On September 8, 2009, APCC Services filed a motion to dismiss the Complaint. In its Motion, APCC Services states that it has resolved its
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A1.txt
- 2009 Released: November 12, 2009 By the Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Next-G Communication, Inc. ("Next-G"). The Consent Decree terminates an investigation by the Bureau against Next-G for possible violations of section 276 of the Communications Act of 1934, as amended (the "Act"),1and sections 64.1300, 64.1310(a), and 64.1320 of the Commission's rules,2relating to payphone compensation, and section 214 of the Act3and section 63.18 of the Commission's rules,4relating to the provision of international telecommunications service. 2. The Bureauand Next-G 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
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2191A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2191A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2191A1.txt
- the above-captioned complaint IS DISMISSED WITH PREJUDICE as to defendants Network Management, Inc. and USP Communications, Inc., and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Complaint, File No. EB-08-MD-007 (filed August 13, 2008) (``Complaint''). 47 U.S.C. 208. 47 U.S.C. 201, 276; 47 C.F.R. 64.1310, 1320. See Commission rule 1.724(a), 47 C.F.R. 1.724(a); Second Notice of Formal Complaint, File No. EB-08-MD-007 (dated October 8, 2008). Withdrawal of Formal Complaint as to Matrix Management, Inc. and ZCom Networks, Inc., File No. EB-08-MD-007 (filed July 1, 2009) (``Motion'') at 1 (seeking ``leave...to dismiss the [C]omplaint with prejudice'' as to Matrix and ZCom). APCC did not seek
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1086A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1086A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1086A1.txt
- by the payphone-specific coding digit failure, and the action QCC is taking to assist SBRs to identify compensable calls that were affected by the payphone-specific coding digit failure; regarding information provided to PSPs, any information that, because of the payphone-specific coding digit failure, QCC was unable to include in its quarterly Completing Carrier and Intermediate Carrier reports submitted under section 64.1310 of the Commission's rules; and any other relevant information that enables affected LECs, SBRs and PSPs to take steps to resolve payphone-specific coding digit failures as soon as possible and to minimize the loss or delay of payphone compensation. QCC will update and post to its billing agents website information regarding the failure to transmit payphone-specific coding digits as soon
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1192A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1192A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1192A1.txt
- a Completing Carrier with respect to the calls at issue under the Commission's payphone compensation rules. The Litigation In its Complaint, APCC alleged that CCI failed to pay per-call compensation for calls made during the period beginning July 1, 2004, and ending September 30, 2008 (3Q2004-3Q2008), in violation of sections 201(b) and 276(b) of the Act and sections 64.1300 and 64.1310 of the Commission's rules. The Complaint further asserted that CCI failed to comply with the Commission's payphone call tracking and reporting requirements, in violation of sections 201(b) and 276(b) of the Act and sections 64.1310 and 64.1320 of the Commission's rules. In addition to requesting an order requiring CCI to come into compliance with rules 64.1300-64.1320, the Complaint sought damages
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1134A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1134A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1134A1.txt
- Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Compass, Inc., d/b/a Compass Global, Inc. (``Compass Global''). The Consent Decree terminates an investigation by the Bureau against Compass Global for possible violations of the Commission's rules governing payphone compensation. Specifically, the Consent Decree terminates the Bureau's investigation concerning sections 64.1300, 64.1310(a), and 64.1320 of the Commission's rules. The Consent Decree also terminates the Bureau's investigation of Compass Global's compliance with a Bureau directive issued pursuant to sections 4(i), 4(j), 218 and 403 of the Communications Act of 1934, as amended (the ``Act''), requiring it to provide certain information and documents. The Bureau and Compass Global have negotiated the terms of a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-240305A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-240305A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-240305A1.txt
- the last sentence, we replace ``FOCAL'' with ``Focal''. In footnote 61, in the first sentence, we insert ``out'' after ``points''. On page 1 of Appendix C listing the final rules, on the second line, we replace the word ``regulations'' with ``Regulations''. On page 1 of Appendix C listing the final rules, we delete the extra period at the end of ``64.1310(a)(1)''. On page 1 of Appendix C listing the final rules, in section 64.1310(a)(2), we replace ``section 64.1310(a)(4)'' with ``paragraph (a)(4) of this section''. On page 2 of Appendix C listing the final rules, we redesignate paragraphs 64.1310(a)(4)(A) through (D) as 64.1310(a)(4)(i) through (iv). On page 2 of Appendix C listing the final rules, in paragraph (4)(ii), we delete ``sub'' from
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-109A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-109A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-109A1.txt
- namely, the first facilities-based carrier must pay unless the reseller has identified itself to the first facilities-based carrier as being responsible for paying compensation . As set forth in Appendix B, we revise section 64.1300(a) to impose compensation payment responsibility upon the first facilities-based interexchange carrier to which the LEC routes a compensable coinless payphone call. Similarly, we revise section 64.1310(a) to impose upon the same facilities-based carrier the responsibility to track or arrange for tracking of calls, and to send back to the PSP a statement indicating the number of completed toll-free and access code calls that it has received from each of that PSP's payphones, unless the PSP agrees otherwise. We also revise section 64.1310(b) to permit the underlying
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-110A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-110A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-110A1.txt
- completed call from a payphone is routed shall compensate the payphone service provider for the call at a rate agreed upon by the parties by contract. * * * In the absence of an agreement as required by paragraph (a) of this section, the carrier is obligated to compensate the payphone service provider at a per-call rate of $.24. 64.1310 Payphone Compensation Payment Procedures. It is the responsibility of each carrier to whom a compensable call from a payphone is routed to track, or arrange for the tracking of, each such call so that it may accurately compute the compensation required by Section 64.1300(a). 3. Thus, when payphone users place toll-free calls that are routed to interexchange carriers (``IXCs''), the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-223A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-223A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-223A1.txt
- provide the name of a contact person at the SBR, a telephone number for that person, and the SBR's last known address. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, and sections 0.111, 0.311, 64.1300, and 64.1310 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 64.1300, and 64.1310, that the Joint Request filed on January 7, 2002 is granted, consistent with this Order. IT IS FURTHER ORDERED that this proceeding is terminated. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Joint Request, File No. E-98-49 (filed Jan. 7, 2002) (``Joint Request''). The original named complainants in this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-119A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-119A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-119A1.txt
- 7; APCC Reply Comments at 5. Cable & Wireless Comments at 2-3; MCI WorldCom Comments at 3-4; TRA Comments at 6. Second Order on Reconsideration, 16 FCC Rcd at 8103, para. 8. Id. at 8106-07, paras. 15-16. See Second Order on Reconsideration, 16 FCC Rcd. at 8108, para.21, App. B (setting forth amended rules); see also 47 C.F.R. 64.1300, 64.1310(a), (b) (2002). Sprint, 315 F.3d at 372, 378. Id. at 372, 378. Second Order on Reconsideration at para. 8. See Third Order on Reconsideration. Second Order on Reconsideration at para. 10. See Brief filed for Sprint Corp. et al., No. 01-1266 (D.C. Circuit Mar. 11, 2002) (``The record shows that. . . PSPs have had trouble collecting from SBRs [switch-based
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-235A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-235A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-235A1.txt
- 215, 218-220, 226, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 201-205, 215, 218-220, 226, and 276, IT IS ORDERED that the policies, rules, and requirements set forth herein ARE ADOPTED. IT IS FURTHER ORDERED that part 64 of the Commission's rules, 47 C.F.R. Part 64, IS AMENDED by revising sections 64.1300(a) and (b), 64.1310(a), (b), (c), and (g), and 64.1320(a), (b), (c), (d), (e), (f), and (g), as set forth in Appendix C of this Report and Order. IT IS FURTHER ORDERED that for good cause found above, the interim rules set forth in Appendix B ARE EFFECTIVE upon their publication in the Federal Register and that the portions of this Report and Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-251A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-251A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-251A1.txt
- and the carriers to opt out of the Payphone Compensation Rules and agree to other compensation agreements that might better serve their business needs. Accordingly, the Payphone Compensation Rules specifically give parties flexibility to agree to other compensation arrangements and avoid complying with any or all of the Payphone Compensation Rules, including the payment, tracking, and reporting obligations of section 64.1310(a) and the audit requirements of section 64.1320 of our rules. For purposes of this Report and Order, other compensation arrangements will be called Alternative Compensation Arrangements (ACAs). Petitions for Reconsideration. In its petition, the RBOC Coalition requests that the Commission reverse itself and place liability on the first, not the last, facilities-based long distance carrier in the call path of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-71A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-71A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-71A1.txt
- of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX A The Federal Communications Commission amends 47 C.F.R. Part 64 as follows: 64.1301 Per-payphone compensation obligation. * * * . Effective _______, the default compensation to be paid by each entity shall be the amount listed in Appendix C multiplied by __. See 47 C.F.R. 64.1310(e). See also infra note 16. 47 C.F.R. 64.1300(c). Request to Update Default Compensation Rate for Dial-Around Calls From Payphones, Report and Order, 19 FCC Rcd 15636 (2004) (Per-Call Compensation Rate Order). 47 U.S.C. 276 (b) (1). See Implementation of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, CC Docket No. 96-128, Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-186A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-186A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-186A1.txt
- Global, Inc. (``Compass Global''), has apparently failed to meet its statutory and regulatory obligations related to payphone compensation. Based upon our review of the facts and circumstances in this matter, we find that Compass Global is apparently liable for a total forfeiture of $466,000. Specifically, as discussed in detail below, we find that Compass Global has apparently violated: (1) sections 64.1310(a)(1) and 64.1320(c)(1) of the Commission's rules, by willfully and repeatedly failing to establish, on a timely basis, a call tracking system that accurately tracks coinless access code or subscriber toll-free payphone calls to completion; (2) section 64.1320 of the rules, by willfully and repeatedly failing to have its call tracking system audited, to file a System Audit Report, or to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-186A1_Erratum.doc
- Global, Inc. (``Compass Global''), has apparently failed to meet its statutory and regulatory obligations related to payphone compensation. Based upon our review of the facts and circumstances in this matter, we find that Compass Global is apparently liable for a total forfeiture of $466,000. Specifically, as discussed in detail below, we find that Compass Global has apparently violated: (1) sections 64.1310(a)(1) and 64.1320(c)(1) of the Commission's rules, by willfully and repeatedly failing to establish, on a timely basis, a call tracking system that accurately tracks coinless access code or subscriber toll-free payphone calls to completion; (2) section 64.1320 of the rules, by willfully and repeatedly failing to have its call tracking system audited, to file a System Audit Report, or to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-131A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-131A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-131A1.txt
- call tracking system that was audited and certified. As part of fulfilling that responsibility, ISS was required to arrange to have access to answer supervision supplied by downstream IXCs. ISS failed to do so, and it may not now turn its regulatory default into an affirmative defense. Neither is ISS an ``Intermediate Carrier'' within the meaning of our rules. Rule 64.1310(b) defines an intermediate carrier as ``a facilities-based long distance carrier that switches payphone calls to other facilities-based long distance carriers.'' Because the category of Intermediate Carriers is mutually exclusive with that of Completing Carriers - one cannot be both with respect to the same call - the definition of Intermediate Carrier must be read to include an implied exception for
- http://transition.fcc.gov/eb/Orders/2001/fcc01110.doc http://transition.fcc.gov/eb/Orders/2001/fcc01110.html
- completed call from a payphone is routed shall compensate the payphone service provider for the call at a rate agreed upon by the parties by contract. * * * In the absence of an agreement as required by paragraph (a) of this section, the carrier is obligated to compensate the payphone service provider at a per-call rate of $.24. 64.1310 Payphone Compensation Payment Procedures. It is the responsibility of each carrier to whom a compensable call from a payphone is routed to track, or arrange for the tracking of, each such call so that it may accurately compute the compensation required by Section 64.1300(a). 3. Thus, when payphone users place toll-free calls that are routed to interexchange carriers (``IXCs''), the
- http://transition.fcc.gov/eb/Orders/2002/FCC-02-223A1.html
- the name of a contact person at the SBR, a telephone number for that person, and the SBR's last known address.3132 IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, and sections 0.111, 0.311, 64.1300, and 64.1310 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 64.1300, and 64.1310, that the Joint Request filed on January 7, 2002 is granted, consistent with this Order. 13. IT IS FURTHER ORDERED that this proceeding is terminated. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 Joint Request, File No. E-98-49 (filed Jan. 7, 2002) (``Joint Request''). 2 The original named
- http://transition.fcc.gov/eb/Orders/2006/DA-06-1424A1.html
- See, e.g., In the Matter of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, 19 FCC Rcd 21457, P 1 (2004) (subsequent history omitted)("October 2004 Payphone Order"); see also 47 U.S.C. S 276; 47 C.F.R. SS 64.1300-64.1320. See, e.g., October 2004 Payphone Order at P 2; see also 47 C.F.R. S 64.1300. 47 C.F.R. S 64.1310(a)(1). 47 C.F.R. S 64.1320(a). See 47 C.F.R. S 64.1320(b). Completing Carriers can comply with the requirement to submit the report to payphone service providers by posting a copy on either their website or a clearinghouse website. 47 C.F.R. S 64.1320(b)(2). 47 C.F.R. S 64.1320(g). Revised Joint Statement at P 12; Complaint Exh. 2. Complaint Exhs. 3-11. Complaint Exh. 7 at
- http://transition.fcc.gov/eb/Orders/2006/FCC-06-186A1.html
- Inc. ("Compass Global"), has apparently failed to meet its statutory and regulatory obligations related to payphone compensation. Based upon our review of the facts and circumstances in this matter, we find that Compass Global is apparently liable for a total forfeiture of $466,000. 2. Specifically, as discussed in detail below, we find that Compass Global has apparently violated: (1) sections 64.1310(a)(1) and 64.1320(c)(1) of the Commission's rules, by willfully and repeatedly failing to establish, on a timely basis, a call tracking system that accurately tracks coinless access code or subscriber toll-free payphone calls to completion; (2) section 64.1320 of the rules, by willfully and repeatedly failing to have its call tracking system audited, to file a System Audit Report, or to
- http://transition.fcc.gov/eb/Orders/2008/FCC-08-131A1.html
- tracking system that was audited and certified. As part of fulfilling that responsibility, ISS was required to arrange to have access to answer supervision supplied by downstream IXCs. ISS failed to do so, and it may not now turn its regulatory default into an affirmative defense. 26. Neither is ISS an "Intermediate Carrier" within the meaning of our rules. Rule 64.1310(b) defines an intermediate carrier as "a facilities-based long distance carrier that switches payphone calls to other facilities-based long distance carriers." Because the category of Intermediate Carriers is mutually exclusive with that of Completing Carriers - one cannot be both with respect to the same call - the definition of Intermediate Carrier must be read to include an implied exception for
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1508A1.html
- as to defendants Matrix Management, Inc. and ZCom Networks, Inc., and that this proceeding IS TERMINATED as to defendants Matrix Management, Inc. and ZCom Networks, Inc. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Complaint, File No. EB-08-MD-007 (filed August 13, 2008) ("Complaint"). 47 U.S.C. S: 208. 47 U.S.C. S: 201, 276; 47 C.F.R. S:S: 64.1310, 1320. Withdrawal of Formal Complaint as to Matrix Management, Inc. and ZCom Networks, Inc., File No. EB-08-MD-007 (filed July 1, 2009) ("Motion") at 1 (seeking "leave...to dismiss the [C]omplaint with prejudice" as to Matrix and ZCom) APCC does not seek to dismiss defendants USP or NMI, who therefore remain parties to the case. Motion at 1. (...continued from previous page)
- http://transition.fcc.gov/eb/Orders/2009/DA-09-2028A1.html
- RespOrgUSA, Inc., Dollar Phone Access, Inc., Dollar Phone Enterprise, Inc., Dollar Phone Services, Inc., and Global Switching, Inc., ("Defendants") pursuant to section 208 of the Communications Act of 1934, as amended ("Act"), and section 1.720 et seq. of the Commission's rules. The Complaint alleges, inter alia, that Defendants violated sections 201(b) and 276(b) of the Act and sections 64.1300 and 64.1310 of the Commission's rules by failing to pay dial-around compensation to payphone service providers represented by APCC Services. On July 16, 2009, Defendants filed an answer to the Complaint and in which they denied its allegations. 2. On September 8, 2009, APCC Services filed a motion to dismiss the Complaint. In its Motion, APCC Services states that it has resolved
- http://transition.fcc.gov/eb/Orders/2009/DA-09-2068A1.html
- Released: November 12, 2009 By the Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Next-G Communication, Inc. ("Next-G"). The Consent Decree terminates an investigation by the Bureau against Next-G for possible violations of section 276 of the Communications Act of 1934, as amended (the "Act"), and sections 64.1300, 64.1310(a), and 64.1320 of the Commission's rules, relating to payphone compensation, and section 214 of the Act and section 63.18 of the Commission's rules, relating to the provision of international telecommunications service. 2. The Bureau and Next-G have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by
- http://transition.fcc.gov/eb/Orders/2009/DA-09-2068A2.html
- CONSENT DECREE 1. The Enforcement Bureau ("Bureau") of the Federal Communications Commission ("Commission" or "FCC") and Next-G Communication, Inc. ("Next-G" or the "Company"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether Next-G violated section 276 of the Communications Act of 1934, as amended (the "Act"), and sections 64.1300, 64.1310(a), and 64.1320 of the Commission's Rules, relating to payphone compensation, and section 214 of the Act and section 63.18 of the Commission's Rules, relating to the provision of international telecommunications service. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151
- http://transition.fcc.gov/eb/Orders/2009/DA-09-2191A1.html
- the above-captioned complaint IS DISMISSED WITH PREJUDICE as to defendants Network Management, Inc. and USP Communications, Inc., and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Complaint, File No. EB-08-MD-007 (filed August 13, 2008) ("Complaint"). 47 U.S.C. S: 208. 47 U.S.C. S: 201, 276; 47 C.F.R. S:S: 64.1310, 1320. See Commission rule 1.724(a), 47 C.F.R. S: 1.724(a); Second Notice of Formal Complaint, File No. EB-08-MD-007 (dated October 8, 2008). Withdrawal of Formal Complaint as to Matrix Management, Inc. and ZCom Networks, Inc., File No. EB-08-MD-007 (filed July 1, 2009) ("Motion") at 1 (seeking "leave...to dismiss the [C]omplaint with prejudice" as to Matrix and ZCom). APCC did not seek
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1086A1.html
- the payphone-specific coding digit failure, and the action QCC is taking to assist SBRs to identify compensable calls that were affected by the payphone-specific coding digit failure; 6. regarding information provided to PSPs, any information that, because of the payphone-specific coding digit failure, QCC was unable to include in its quarterly Completing Carrier and Intermediate Carrier reports submitted under section 64.1310 of the Commission's rules; and 7. any other relevant information that enables affected LECs, SBRs and PSPs to take steps to resolve payphone-specific coding digit failures as soon as possible and to minimize the loss or delay of payphone compensation. QCC will update and post to its billing agents website information regarding the failure to transmit payphone-specific coding digits as
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1192A1.html
- Carrier with respect to the calls at issue under the Commission's payphone compensation rules. C. The Litigation 4. In its Complaint, APCC alleged that CCI failed to pay per-call compensation for calls made during the period beginning July 1, 2004, and ending September 30, 2008 (3Q2004-3Q2008), in violation of sections 201(b) and 276(b) of the Act and sections 64.1300 and 64.1310 of the Commission's rules. The Complaint further asserted that CCI failed to comply with the Commission's payphone call tracking and reporting requirements, in violation of sections 201(b) and 276(b) of the Act and sections 64.1310 and 64.1320 of the Commission's rules. 5. In addition to requesting an order requiring CCI to come into compliance with rules 64.1300-64.1320, the Complaint sought
- http://transition.fcc.gov/eb/Orders/2011/DA-11-1134A1.html
- 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and Compass, Inc., d/b/a Compass Global, Inc. ("Compass Global"). The Consent Decree terminates an investigation by the Bureau against Compass Global for possible violations of the Commission's rules governing payphone compensation. Specifically, the Consent Decree terminates the Bureau's investigation concerning sections 64.1300, 64.1310(a), and 64.1320 of the Commission's rules. The Consent Decree also terminates the Bureau's investigation of Compass Global's compliance with a Bureau directive issued pursuant to sections 4(i), 4(j), 218 and 403 of the Communications Act of 1934, as amended (the "Act"), requiring it to provide certain information and documents. 2. The Bureau and Compass Global have negotiated the terms of
- http://www.fcc.gov/eb/Orders/2001/fcc01110.doc http://www.fcc.gov/eb/Orders/2001/fcc01110.html
- completed call from a payphone is routed shall compensate the payphone service provider for the call at a rate agreed upon by the parties by contract. * * * In the absence of an agreement as required by paragraph (a) of this section, the carrier is obligated to compensate the payphone service provider at a per-call rate of $.24. 64.1310 Payphone Compensation Payment Procedures. It is the responsibility of each carrier to whom a compensable call from a payphone is routed to track, or arrange for the tracking of, each such call so that it may accurately compute the compensation required by Section 64.1300(a). 3. Thus, when payphone users place toll-free calls that are routed to interexchange carriers (``IXCs''), the
- http://www.fcc.gov/eb/Orders/2002/FCC-02-223A1.html
- the name of a contact person at the SBR, a telephone number for that person, and the SBR's last known address.3132 IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, and sections 0.111, 0.311, 64.1300, and 64.1310 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 64.1300, and 64.1310, that the Joint Request filed on January 7, 2002 is granted, consistent with this Order. 13. IT IS FURTHER ORDERED that this proceeding is terminated. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 Joint Request, File No. E-98-49 (filed Jan. 7, 2002) (``Joint Request''). 2 The original named
- http://www.fcc.gov/eb/Orders/2006/DA-06-1424A1.html
- See, e.g., In the Matter of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, 19 FCC Rcd 21457, P 1 (2004) (subsequent history omitted)("October 2004 Payphone Order"); see also 47 U.S.C. S 276; 47 C.F.R. SS 64.1300-64.1320. See, e.g., October 2004 Payphone Order at P 2; see also 47 C.F.R. S 64.1300. 47 C.F.R. S 64.1310(a)(1). 47 C.F.R. S 64.1320(a). See 47 C.F.R. S 64.1320(b). Completing Carriers can comply with the requirement to submit the report to payphone service providers by posting a copy on either their website or a clearinghouse website. 47 C.F.R. S 64.1320(b)(2). 47 C.F.R. S 64.1320(g). Revised Joint Statement at P 12; Complaint Exh. 2. Complaint Exhs. 3-11. Complaint Exh. 7 at
- http://www.fcc.gov/eb/Orders/2006/FCC-06-186A1.html
- Inc. ("Compass Global"), has apparently failed to meet its statutory and regulatory obligations related to payphone compensation. Based upon our review of the facts and circumstances in this matter, we find that Compass Global is apparently liable for a total forfeiture of $466,000. 2. Specifically, as discussed in detail below, we find that Compass Global has apparently violated: (1) sections 64.1310(a)(1) and 64.1320(c)(1) of the Commission's rules, by willfully and repeatedly failing to establish, on a timely basis, a call tracking system that accurately tracks coinless access code or subscriber toll-free payphone calls to completion; (2) section 64.1320 of the rules, by willfully and repeatedly failing to have its call tracking system audited, to file a System Audit Report, or to
- http://www.fcc.gov/eb/Orders/2010/DA-10-1086A1.html
- the payphone-specific coding digit failure, and the action QCC is taking to assist SBRs to identify compensable calls that were affected by the payphone-specific coding digit failure; 6. regarding information provided to PSPs, any information that, because of the payphone-specific coding digit failure, QCC was unable to include in its quarterly Completing Carrier and Intermediate Carrier reports submitted under section 64.1310 of the Commission's rules; and 7. any other relevant information that enables affected LECs, SBRs and PSPs to take steps to resolve payphone-specific coding digit failures as soon as possible and to minimize the loss or delay of payphone compensation. QCC will update and post to its billing agents website information regarding the failure to transmit payphone-specific coding digits as
- http://www.fcc.gov/eb/Orders/2010/DA-10-1192A1.html
- Carrier with respect to the calls at issue under the Commission's payphone compensation rules. C. The Litigation 4. In its Complaint, APCC alleged that CCI failed to pay per-call compensation for calls made during the period beginning July 1, 2004, and ending September 30, 2008 (3Q2004-3Q2008), in violation of sections 201(b) and 276(b) of the Act and sections 64.1300 and 64.1310 of the Commission's rules. The Complaint further asserted that CCI failed to comply with the Commission's payphone call tracking and reporting requirements, in violation of sections 201(b) and 276(b) of the Act and sections 64.1310 and 64.1320 of the Commission's rules. 5. In addition to requesting an order requiring CCI to come into compliance with rules 64.1300-64.1320, the Complaint sought
- http://www.fcc.gov/eb/Orders/2011/DA-11-1134A1.html
- 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and Compass, Inc., d/b/a Compass Global, Inc. ("Compass Global"). The Consent Decree terminates an investigation by the Bureau against Compass Global for possible violations of the Commission's rules governing payphone compensation. Specifically, the Consent Decree terminates the Bureau's investigation concerning sections 64.1300, 64.1310(a), and 64.1320 of the Commission's rules. The Consent Decree also terminates the Bureau's investigation of Compass Global's compliance with a Bureau directive issued pursuant to sections 4(i), 4(j), 218 and 403 of the Communications Act of 1934, as amended (the "Act"), requiring it to provide certain information and documents. 2. The Bureau and Compass Global have negotiated the terms of
- http://www.fcc.gov/ogc/documents/opinions/2003/01-1266.doc http://www.fcc.gov/ogc/documents/opinions/2003/01-1266.html http://www.fcc.gov/ogc/documents/opinions/2003/01-1266.pdf
- Order, 11 F.C.C.R. at 20,596 p 110, with Second Reconsideration Order, 16 F.C.C.R. at 8106 p 18. Finally, the Commission noted that PSPs could continue to arrange alternative compensation schemes through private contracts with IXCs and SBRs. Second Reconsideration Order, 16 F.C.C.R. at 8106-07 p 19. The Commission amended its regulations to reflect these changes. See 47 C.F.R. 64.1300, 64.1310 (2001). Denying reconsideration, the Commission rejected the IXCs' objections to the new rule. Third Order on Reconsideration and Order on Clarification, 16 F.C.C.R. 20,922 (2001). Sprint now petitions the court for review. II. Sprint's contention that the Commission erred by failing to issue a new NPRM prior to promulgating a new rule in the Second Order on Reconsideration is based