FCC Web Documents citing 64.1320

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A1.pdf
  • 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. After reviewing
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A2.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A2.pdf
  • 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. ``Adopting Order''
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1192A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1192A1.pdf
  • 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 for two categories of calls: (1) calls reported as delivered to CCI by an Intermediate Carrier (``Intermediate Carrier Reported Calls''); and (2) calls carried by CCI for which the 8yy (toll-free) numbers were translated into local POTS
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1134A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1134A1.pdf
  • 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 Consent Decree
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-227A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-227A1.pdf
  • 7 FCC Rcd 408 (Com. Carrier Bur. 1992)); OCI Initial Br. at 32-34 (same). See U.S. TelePacific Corp. v. Tel-America of Salt Lake City, Inc., Memorandum Opinion and Order, 19 FCC Rcd 24552, 24556 n.28 (2004) (``[T]he Commission does entertain claims to recover unpaid payphone compensation pursuant to section 276 of the Act . . . and sections 64.1300 through 64.1320 of the Commission's rules . . . . Unlike the statutory provisions and Commission rules regarding access charges - which speak only to the duties of the charging carrier and not to the duties of the customer - section 276 of the Act and section 64.1300 of the Commission's rules specifically impose an obligation on the `customer' to pay payphone
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-131A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-131A1.pdf
  • 26, 35. Tollgate Order, 18 FCC Rcd at 19976, � 1 n.1. Tollgate Order, 18 FCC Rcd at 19978, � 7. Id. Id. As noted, a ``completed'' call is one that is answered by the called party. Calls that are not answered by the called party are not compensable. 47 C.F.R. � 64.1310(a)(1). Id. at � 64.1310(a)(4). Id. at � 64.1320(a), (b). 47 C.F.R. � 64.1310(b). 47 C.F.R. � 64.1310(c). Each quarterly report must be in computer readable format and include: (1) a list of all facilities-based long distance carriers to which the Intermediate Carrier switched access code and toll-free calls dialed from the PSP's payphone; (2) a list of all access code and toll-free numbers dialed from each PSP's payphones
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-804A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-804A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-804A1.txt
  • Board of Directors Under Section 69.602 of the Commission's Rules and Requirements for the Computation of Average Schedule Payments Under Section 69.606 of the Commission's Rules, CC Docket No. 01-174, Notice of Proposed Rulemaking, 16 FCC Rcd 16027 (2001). See 2000 Updated Staff Report at para. 53. The specific sections are: 47 U.S.C. �� 36.701, 51.211, 51.515(b)-(c), 53.101, 53.201(a)-(b), 54.701(b)-(e), 64.1320, 64.1903(c), 69.116, 69.117, 69.126, 69.127, and 69.612. See, e.g., 47 C.F.R. �� 36.601(a)-(b). 47 C.F.R. �� 54.201-207, 54.303(b)(4), 54.5, 54.623, 54.901(b)(2), and references to 47 C.F.R. �� 54.903(a), 54.903(c), 54.903(d), 54.903(e). 47 C.F.R. �� 54.507(a)(1)-(2), 54.604(a)(2). 47 C.F.R. �� 52.15(d)-(e), 52.23(c)-(e). 47 C.F.R. � 1.815. Companies that employ more than 16 persons must use Form 395 to report employment statistics
• 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
  • clarify one of those rules. Our rules permit a Completing Carrier to enter into an agreement with an interexchange carrier to track and pay for payphone calls on its behalf. OMB requested that the Commission clarify 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
• 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
  • 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 ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A��
• 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
  • we address a formal complaint filed by APCC Services, Inc. (``APCC''), and several payphone service providers against IDT Corporation (``IDT'') pursuant to section 208 of the Communications Act of 1934, as amended (``Act''). The Complaint alleges that IDT violated sections 201(b) and 416(c) of the Communications Act by failing to produce certain documents as required by rule 47 C.F.R. � 64.1320(g). Because IDT provided those documents to APCC after the Complaint was filed, however, the Complaint is moot and, accordingly, we dismiss it. Background The Parties Complainants Davel Communications, Inc., ETS Payphones, Inc., Goldentel, Inc., NSC Communications Public Service Corporation, West Coast Coin, Inc., Kellee Communications Group, Inc., and PayTel Communications, Inc. (collectively, the ``PSP Complainants'') are payphone services providers. APCC
• 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
  • to other facilities-based long distance carriers. 47 C.F.R. � 64.1310(b). 47 U.S.C. � 276. See 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); Order on Reconsideration, 19 FCC Rcd 21457 (2004) (Order on Reconsideration). See 47 C.F.R. �� 64.1310(a), 64.1320(a). See 47 C.F.R. � 64.1320(c) (setting forth nine (9) requirements for a Completing Carrier's tracking system). See 47 C.F.R. � 64.1320(a), (c), (d), (f). See 47 C.F.R. � 64.1320(b)(1), (e), (f). See 47 C.F.R. � 64.1320(b)(2), (e). See 47 C.F.R. � 64.1320(b)(3), (e). See 47 C.F.R. � 64.1320(g). See 47 C.F.R. � 64.1310(a)(2). As required by the payphone rules, payments,
• 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
  • 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 numbers to providers of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A1.txt
  • 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 the terms
• 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
  • 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 for two categories of calls: (1) calls reported as delivered to CCI by an Intermediate Carrier (``Intermediate Carrier Reported Calls''); and (2) calls carried by CCI for which the 8yy (toll-free) numbers were translated into local POTS
• 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
  • 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 Consent Decree
• 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
  • quarterly reports'' with ``the quarterly reports submitted pursuant to paragraphs (a)(4) and (c) of this section''. On page 3 of Appendix C listing the final rules, in the second sentence of section 64.1310(g), we replace ``subparagraph (a)(4) and subparagraph (c)'' with ``paragraphs (a)(4) and (c) of this section''. On page 3 of Appendix C listing the final rules, in section 64.1320(b), we insert ``of this section'' in between ``(a)'' and ``must''. On page 4 of Appendix C listing the final rules, in section 64.1320(d), we replace ``Accounts'' with ``Accountants''. On page 4 of Appendix C listing the final rules, in section 64.1320(e), we replace ``section 64.1320(b)'' with ``paragraph (b) of this section''. On page 4 of Appendix C listing the final
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A1.txt
  • the staff identified the following rule sections: 36.701 - Lifeline connection assistance expense allocation - general; 51.211 - Toll Dialing Parity Implementation; 51.515(b)-(c) - Application of access charges; 53.101 - Joint marketing of local and long distance services by interLATA carriers; 53.201(a)-(b) - Services for which a separate 272 affiliate is required; 54.701(b)-(e) - Administrator of universal service support mechanisms; 64.1320 - Payphone compensation verification and reports; 64.1903(c) - Obligations of all incumbent independent local exchange carriers; 69.116 - Universal service fund; 69.117 - Lifeline assistance; 69.126 - Nonrecurring charges; 69.127 - Transitional equal charge rule; 69.612 - Long term and transitional support. The Lifeline Assistance program was significantly revised and moved to Part 54 in 1997. MCI WorldCom, Inc. v.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.txt
  • whole or in part, for this reason. 36.701 - Lifeline connection assistance expense allocation - general. 51.211 - Toll Dialing Parity Implementation. 51.515(b)-(c) - Application of access charges. 53.101 - Joint marketing of local and long distance services by interLATA carriers. 53.201(a)-(b) - Services for which a separate 272 affiliate is required. 54.701(b)-(e) - Administrator of universal service support mechanisms. 64.1320 - Payphone compensation verification and reports. 64.1903(c) - Obligations of all incumbent independent local exchange carriers. 69.116 - Universal service fund. 69.117 - Lifeline assistance. 69.126 - Nonrecurring charges. 69.127 - Transitional equal charge rule. 69.612 - Long term and transitional support. Other Issues Comments The Commission sought public comment on the September Staff Report. USTA, ITTA, OPASTCO, NECA, WorldCom,
• 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
  • para. 86. Second Order on Reconsideration, 16 FCC Rcd at 8105, para. 14. Id. at 8105-06, para. 15; see id. App. B; see also 47 C.F.R. � 64.1300(a) (2000). Id. at 8107, para. 18. See First Payphone Order, 16 FCC Rcd at 8098, 8107. See Second Order on Reconsideration, 16 FCC Rcd at 8107-08, para. 19; see 47 C.F.R. � 64.1320(b) (2002). 47 C.F.R. �� 1.200 et seq. See 47 C.F.R. � 1.1206(b)(2). 47 C.F.R. �� 1.415, 1.419. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). See 47 C.F.R. � 1.48. See 5 U.S.C. � 603. The RFA, see 5 U.S.C. � 601 et. seq., has been amended by the Small Business Regulatory Enforcement Fairness Act
• 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
  • 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 pertinent to them are effective at
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-337A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-337A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-337A1.txt
  • least 30 days in advance of the planned transfer. See 47 C.F.R. �� 64.1120(c), (e). 47 C.F.R. � 63.71(c). As a matter of law, an application cannot be filed with the Commission until the applicant sends notice to its affected customers. See 47 C.F.R. � 63.71(b). 47 C.F.R. � 64.1330(c). It should be noted that the Commission recently amended section 64.1320, which is also a rule that monitors the payphone service market. See In the Matter of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, CC Docket No. 96-128, Report and Order, FCC 03-235 (rel. Oct. 3, 2003) (Pay Telephone Reclassification and Compensation Provisions Order). Based upon filed comments in that proceeding, the Commission modified section
• 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
  • 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 a payphone-originated call. APCC requests that rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-284A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-284A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-284A1.txt
  • AT&T, Memorandum Opinion and Order, 15 FCC Rcd 308 (1999) (deciding claim for recovery of tariffed charges without discussing the issue of whether the Commission hears such claims, which neither party raised). We note that the Commission does entertain claims to recover unpaid payphone compensation pursuant to section 276 of the Act, 47 U.S.C. � 276, and sections 64.1300 through 64.1320 of the Commission's rules, C.F.R. �� 64.1300-64.1320. See, e.g. APCC Services, Inc., et al., v. TS Interactive, Order, 17 FCC Rcd 25523 (2002) Unlike the statutory provisions and Commission rules regarding access charges -- which speak only to the duties of the charging carrier and not to the duties of the customer-- section 276 of the Act and section 64.1300
• 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
  • (``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 comply with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-186A1_Erratum.doc
  • (``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 comply with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-227A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-227A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-227A1.txt
  • 7 FCC Rcd 408 (Com. Carrier Bur. 1992)); OCI Initial Br. at 32-34 (same). See U.S. TelePacific Corp. v. Tel-America of Salt Lake City, Inc., Memorandum Opinion and Order, 19 FCC Rcd 24552, 24556 n.28 (2004) (``[T]he Commission does entertain claims to recover unpaid payphone compensation pursuant to section 276 of the Act . . . and sections 64.1300 through 64.1320 of the Commission's rules . . . . Unlike the statutory provisions and Commission rules regarding access charges - which speak only to the duties of the charging carrier and not to the duties of the customer - section 276 of the Act and section 64.1300 of the Commission's rules specifically impose an obligation on the `customer' to pay payphone
• 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
  • 26, 35. Tollgate Order, 18 FCC Rcd at 19976, � 1 n.1. Tollgate Order, 18 FCC Rcd at 19978, � 7. Id. Id. As noted, a ``completed'' call is one that is answered by the called party. Calls that are not answered by the called party are not compensable. 47 C.F.R. � 64.1310(a)(1). Id. at � 64.1310(a)(4). Id. at � 64.1320(a), (b). 47 C.F.R. � 64.1310(b). 47 C.F.R. � 64.1310(c). Each quarterly report must be in computer readable format and include: (1) a list of all facilities-based long distance carriers to which the Intermediate Carrier switched access code and toll-free calls dialed from the PSP's payphone; (2) a list of all access code and toll-free numbers dialed from each PSP's payphones
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.txt
  • the staff identified the following rule sections: 36.701 - Lifeline connection assistance expense allocation - general; 51.211 - Toll Dialing Parity Implementation; 51.515(b)-(c) - Application of access charges; 53.101 - Joint marketing of local and long distance services by interLATA carriers; 53.201(a)-(b) - Services for which a separate 272 affiliate is required; 54.701(b)-(e) - Administrator of universal service support mechanisms; 64.1320 - Payphone compensation verification and reports; 64.1903(c) - Obligations of all incumbent independent local exchange carriers; 69.116 - Universal service fund; 69.117 - Lifeline assistance; 69.126 - Nonrecurring charges; 69.127 - Transitional equal charge rule; 69.612 - Long term and transitional support. The Lifeline Assistance program was significantly revised and moved to Part 54 in 1997. MCI WorldCom, Inc. v.
• http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
  • whole or in part, for this reason. 36.701 - Lifeline connection assistance expense allocation - general. 51.211 - Toll Dialing Parity Implementation. 51.515(b)-(c) - Application of access charges. 53.101 - Joint marketing of local and long distance services by interLATA carriers. 53.201(a)-(b) - Services for which a separate 272 affiliate is required. 54.701(b)-(e) - Administrator of universal service support mechanisms. 64.1320 - Payphone compensation verification and reports. 64.1903(c) - Obligations of all incumbent independent local exchange carriers. 69.116 - Universal service fund. 69.117 - Lifeline assistance. 69.126 - Nonrecurring charges. 69.127 - Transitional equal charge rule. 69.612 - Long term and transitional support. Other Issues The USTA Petition and Industry Comments In preparation for this Report, the staff has met with
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-284A1.html
  • v. AT&T, Memorandum Opinion and Order, 15 FCC Rcd 308 (1999) (deciding claim for recovery of tariffed charges without discussing the issue of whether the Commission hears such claims, which neither party raised). 28We note that the Commission does entertain claims to recover unpaid payphone compensation pursuant to section 276 of the Act, 47 U.S.C. 276, and sections 64.1300 through 64.1320 of the Commission's rules, C.F.R. 64.1300-64.1320. See, e.g. APCC Services, Inc., et al., v. TS Interactive, Order, 17 FCC Rcd 25523 (2002) Unlike the statutory provisions and Commission rules regarding access charges -- which speak only to the duties of the charging carrier and not to the duties of the customer-- section 276 of the Act and section 64.1300 of
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2819A1.html
  • counsel to pay appropriate regard to the Commission's procedural rules. V. ORDERING CLAUSE 16. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), 208, and 276, and sections 1.3, 1.711-1.736, and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.3, 1.711-1.736, 64.1300- 64.1320, and the authority delegated pursuant to sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Complainants' motion for partial waiver of section 1.718 of the Commission's rules IS GRANTED to the extent set forth above, and is otherwise DENIED. FEDERAL COMMUNICATIONS COMMISSION Kris A. Monteith Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 1.3, 1.727. 2 APCC
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1424A1.html
  • we address a formal complaint filed by APCC Services, Inc. ("APCC"), and several payphone service providers against IDT Corporation ("IDT") pursuant to section 208 of the Communications Act of 1934, as amended ("Act"). The Complaint alleges that IDT violated sections 201(b) and 416(c) of the Communications Act by failing to produce certain documents as required by rule 47 C.F.R. S 64.1320(g). Because IDT provided those documents to APCC after the Complaint was filed, however, the Complaint is moot and, accordingly, we dismiss it. II. Background A. The Parties 2. Complainants Davel Communications, Inc., ETS Payphones, Inc., Goldentel, Inc., NSC Communications Public Service Corporation, West Coast Coin, Inc., Kellee Communications Group, Inc., and PayTel Communications, Inc. (collectively, the "PSP Complainants") are payphone
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-186A1.html
  • 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 comply with
• http://transition.fcc.gov/eb/Orders/2008/FCC-07-227A1.html
  • 7 FCC Rcd 408 (Com. Carrier Bur. 1992)); OCI Initial Br. at 32-34 (same). See U.S. TelePacific Corp. v. Tel-America of Salt Lake City, Inc., Memorandum Opinion and Order, 19 FCC Rcd 24552, 24556 n.28 (2004) ("[T]he Commission does entertain claims to recover unpaid payphone compensation pursuant to section 276 of the Act . . . and sections 64.1300 through 64.1320 of the Commission's rules . . . . Unlike the statutory provisions and Commission rules regarding access charges - which speak only to the duties of the charging carrier and not to the duties of the customer - section 276 of the Act and section 64.1300 of the Commission's rules specifically impose an obligation on the `customer' to pay payphone
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-131A1.html
  • 26, 35. Tollgate Order, 18 FCC Rcd at 19976, P: 1 n.1. Tollgate Order, 18 FCC Rcd at 19978, P: 7. Id. Id. As noted, a "completed" call is one that is answered by the called party. Calls that are not answered by the called party are not compensable. 47 C.F.R. S: 64.1310(a)(1). Id. at S: 64.1310(a)(4). Id. at S: 64.1320(a), (b). 47 C.F.R. S: 64.1310(b). 47 C.F.R. S: 64.1310(c). Each quarterly report must be in computer readable format and include: (1) a list of all facilities-based long distance carriers to which the Intermediate Carrier switched access code and toll-free calls dialed from the PSP's payphone; (2) a list of all access code and toll-free numbers dialed from each PSP's payphones
• http://transition.fcc.gov/eb/Orders/2009/DA-09-2068A1.html
  • 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 reference. 3.
• http://transition.fcc.gov/eb/Orders/2009/DA-09-2068A2.html
  • 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 et seq.
• http://transition.fcc.gov/eb/Orders/2010/DA-10-1192A1.html
  • 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 damages for two categories of calls: (1) calls reported as delivered to CCI by an Intermediate Carrier ("Intermediate Carrier Reported Calls"); and (2) calls carried by CCI for which the 8yy (toll-free) numbers were translated into local
• http://transition.fcc.gov/eb/Orders/2011/DA-11-1134A1.html
  • 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 a Consent
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.txt
  • the staff identified the following rule sections: 36.701 - Lifeline connection assistance expense allocation - general; 51.211 - Toll Dialing Parity Implementation; 51.515(b)-(c) - Application of access charges; 53.101 - Joint marketing of local and long distance services by interLATA carriers; 53.201(a)-(b) - Services for which a separate 272 affiliate is required; 54.701(b)-(e) - Administrator of universal service support mechanisms; 64.1320 - Payphone compensation verification and reports; 64.1903(c) - Obligations of all incumbent independent local exchange carriers; 69.116 - Universal service fund; 69.117 - Lifeline assistance; 69.126 - Nonrecurring charges; 69.127 - Transitional equal charge rule; 69.612 - Long term and transitional support. The Lifeline Assistance program was significantly revised and moved to Part 54 in 1997. MCI WorldCom, Inc. v.
• http://www.fcc.gov/eb/Orders/2004/FCC-04-284A1.html
  • v. AT&T, Memorandum Opinion and Order, 15 FCC Rcd 308 (1999) (deciding claim for recovery of tariffed charges without discussing the issue of whether the Commission hears such claims, which neither party raised). 28We note that the Commission does entertain claims to recover unpaid payphone compensation pursuant to section 276 of the Act, 47 U.S.C. 276, and sections 64.1300 through 64.1320 of the Commission's rules, C.F.R. 64.1300-64.1320. See, e.g. APCC Services, Inc., et al., v. TS Interactive, Order, 17 FCC Rcd 25523 (2002) Unlike the statutory provisions and Commission rules regarding access charges -- which speak only to the duties of the charging carrier and not to the duties of the customer-- section 276 of the Act and section 64.1300 of
• http://www.fcc.gov/eb/Orders/2005/DA-05-2819A1.html
  • counsel to pay appropriate regard to the Commission's procedural rules. V. ORDERING CLAUSE 16. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), 208, and 276, and sections 1.3, 1.711-1.736, and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.3, 1.711-1.736, 64.1300- 64.1320, and the authority delegated pursuant to sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Complainants' motion for partial waiver of section 1.718 of the Commission's rules IS GRANTED to the extent set forth above, and is otherwise DENIED. FEDERAL COMMUNICATIONS COMMISSION Kris A. Monteith Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 1.3, 1.727. 2 APCC
• http://www.fcc.gov/eb/Orders/2006/DA-06-1424A1.html
  • we address a formal complaint filed by APCC Services, Inc. ("APCC"), and several payphone service providers against IDT Corporation ("IDT") pursuant to section 208 of the Communications Act of 1934, as amended ("Act"). The Complaint alleges that IDT violated sections 201(b) and 416(c) of the Communications Act by failing to produce certain documents as required by rule 47 C.F.R. S 64.1320(g). Because IDT provided those documents to APCC after the Complaint was filed, however, the Complaint is moot and, accordingly, we dismiss it. II. Background A. The Parties 2. Complainants Davel Communications, Inc., ETS Payphones, Inc., Goldentel, Inc., NSC Communications Public Service Corporation, West Coast Coin, Inc., Kellee Communications Group, Inc., and PayTel Communications, Inc. (collectively, the "PSP Complainants") are payphone
• http://www.fcc.gov/eb/Orders/2006/FCC-06-186A1.html
  • 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 comply with
• http://www.fcc.gov/eb/Orders/2008/FCC-07-227A1.html
  • 7 FCC Rcd 408 (Com. Carrier Bur. 1992)); OCI Initial Br. at 32-34 (same). See U.S. TelePacific Corp. v. Tel-America of Salt Lake City, Inc., Memorandum Opinion and Order, 19 FCC Rcd 24552, 24556 n.28 (2004) ("[T]he Commission does entertain claims to recover unpaid payphone compensation pursuant to section 276 of the Act . . . and sections 64.1300 through 64.1320 of the Commission's rules . . . . Unlike the statutory provisions and Commission rules regarding access charges - which speak only to the duties of the charging carrier and not to the duties of the customer - section 276 of the Act and section 64.1300 of the Commission's rules specifically impose an obligation on the `customer' to pay payphone
• http://www.fcc.gov/eb/Orders/2008/FCC-08-131A1.html
  • 26, 35. Tollgate Order, 18 FCC Rcd at 19976, P: 1 n.1. Tollgate Order, 18 FCC Rcd at 19978, P: 7. Id. Id. As noted, a "completed" call is one that is answered by the called party. Calls that are not answered by the called party are not compensable. 47 C.F.R. S: 64.1310(a)(1). Id. at S: 64.1310(a)(4). Id. at S: 64.1320(a), (b). 47 C.F.R. S: 64.1310(b). 47 C.F.R. S: 64.1310(c). Each quarterly report must be in computer readable format and include: (1) a list of all facilities-based long distance carriers to which the Intermediate Carrier switched access code and toll-free calls dialed from the PSP's payphone; (2) a list of all access code and toll-free numbers dialed from each PSP's payphones
• http://www.fcc.gov/eb/Orders/2009/DA-09-2068A1.html
  • 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 reference. 3.
• http://www.fcc.gov/eb/Orders/2009/DA-09-2068A2.html
  • 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 et seq.
• http://www.fcc.gov/eb/Orders/2010/DA-10-1192A1.html
  • 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 damages for two categories of calls: (1) calls reported as delivered to CCI by an Intermediate Carrier ("Intermediate Carrier Reported Calls"); and (2) calls carried by CCI for which the 8yy (toll-free) numbers were translated into local
• http://www.fcc.gov/eb/Orders/2011/DA-11-1134A1.html
  • 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 a Consent
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A1.pdf
  • 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. After reviewing
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A2.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A2.pdf
  • 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. ``Adopting Order''
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1192A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1192A1.pdf
  • 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 for two categories of calls: (1) calls reported as delivered to CCI by an Intermediate Carrier (``Intermediate Carrier Reported Calls''); and (2) calls carried by CCI for which the 8yy (toll-free) numbers were translated into local POTS
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1134A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1134A1.pdf
  • 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 Consent Decree
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-227A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-227A1.pdf
  • 7 FCC Rcd 408 (Com. Carrier Bur. 1992)); OCI Initial Br. at 32-34 (same). See U.S. TelePacific Corp. v. Tel-America of Salt Lake City, Inc., Memorandum Opinion and Order, 19 FCC Rcd 24552, 24556 n.28 (2004) (``[T]he Commission does entertain claims to recover unpaid payphone compensation pursuant to section 276 of the Act . . . and sections 64.1300 through 64.1320 of the Commission's rules . . . . Unlike the statutory provisions and Commission rules regarding access charges - which speak only to the duties of the charging carrier and not to the duties of the customer - section 276 of the Act and section 64.1300 of the Commission's rules specifically impose an obligation on the `customer' to pay payphone
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-131A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-131A1.pdf
  • 26, 35. Tollgate Order, 18 FCC Rcd at 19976, � 1 n.1. Tollgate Order, 18 FCC Rcd at 19978, � 7. Id. Id. As noted, a ``completed'' call is one that is answered by the called party. Calls that are not answered by the called party are not compensable. 47 C.F.R. � 64.1310(a)(1). Id. at � 64.1310(a)(4). Id. at � 64.1320(a), (b). 47 C.F.R. � 64.1310(b). 47 C.F.R. � 64.1310(c). Each quarterly report must be in computer readable format and include: (1) a list of all facilities-based long distance carriers to which the Intermediate Carrier switched access code and toll-free calls dialed from the PSP's payphone; (2) a list of all access code and toll-free numbers dialed from each PSP's payphones
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-804A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-804A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-804A1.txt
  • Board of Directors Under Section 69.602 of the Commission's Rules and Requirements for the Computation of Average Schedule Payments Under Section 69.606 of the Commission's Rules, CC Docket No. 01-174, Notice of Proposed Rulemaking, 16 FCC Rcd 16027 (2001). See 2000 Updated Staff Report at para. 53. The specific sections are: 47 U.S.C. �� 36.701, 51.211, 51.515(b)-(c), 53.101, 53.201(a)-(b), 54.701(b)-(e), 64.1320, 64.1903(c), 69.116, 69.117, 69.126, 69.127, and 69.612. See, e.g., 47 C.F.R. �� 36.601(a)-(b). 47 C.F.R. �� 54.201-207, 54.303(b)(4), 54.5, 54.623, 54.901(b)(2), and references to 47 C.F.R. �� 54.903(a), 54.903(c), 54.903(d), 54.903(e). 47 C.F.R. �� 54.507(a)(1)-(2), 54.604(a)(2). 47 C.F.R. �� 52.15(d)-(e), 52.23(c)-(e). 47 C.F.R. � 1.815. Companies that employ more than 16 persons must use Form 395 to report employment statistics
• 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
  • clarify one of those rules. Our rules permit a Completing Carrier to enter into an agreement with an interexchange carrier to track and pay for payphone calls on its behalf. OMB requested that the Commission clarify 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
• 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
  • 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 ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A��
• 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
  • we address a formal complaint filed by APCC Services, Inc. (``APCC''), and several payphone service providers against IDT Corporation (``IDT'') pursuant to section 208 of the Communications Act of 1934, as amended (``Act''). The Complaint alleges that IDT violated sections 201(b) and 416(c) of the Communications Act by failing to produce certain documents as required by rule 47 C.F.R. � 64.1320(g). Because IDT provided those documents to APCC after the Complaint was filed, however, the Complaint is moot and, accordingly, we dismiss it. Background The Parties Complainants Davel Communications, Inc., ETS Payphones, Inc., Goldentel, Inc., NSC Communications Public Service Corporation, West Coast Coin, Inc., Kellee Communications Group, Inc., and PayTel Communications, Inc. (collectively, the ``PSP Complainants'') are payphone services providers. APCC
• 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
  • to other facilities-based long distance carriers. 47 C.F.R. � 64.1310(b). 47 U.S.C. � 276. See 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); Order on Reconsideration, 19 FCC Rcd 21457 (2004) (Order on Reconsideration). See 47 C.F.R. �� 64.1310(a), 64.1320(a). See 47 C.F.R. � 64.1320(c) (setting forth nine (9) requirements for a Completing Carrier's tracking system). See 47 C.F.R. � 64.1320(a), (c), (d), (f). See 47 C.F.R. � 64.1320(b)(1), (e), (f). See 47 C.F.R. � 64.1320(b)(2), (e). See 47 C.F.R. � 64.1320(b)(3), (e). See 47 C.F.R. � 64.1320(g). See 47 C.F.R. � 64.1310(a)(2). As required by the payphone rules, payments,
• 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
  • 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 numbers to providers of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2068A1.txt
  • 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 the terms
• 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
  • 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 for two categories of calls: (1) calls reported as delivered to CCI by an Intermediate Carrier (``Intermediate Carrier Reported Calls''); and (2) calls carried by CCI for which the 8yy (toll-free) numbers were translated into local POTS
• 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
  • 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 Consent Decree
• 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
  • quarterly reports'' with ``the quarterly reports submitted pursuant to paragraphs (a)(4) and (c) of this section''. On page 3 of Appendix C listing the final rules, in the second sentence of section 64.1310(g), we replace ``subparagraph (a)(4) and subparagraph (c)'' with ``paragraphs (a)(4) and (c) of this section''. On page 3 of Appendix C listing the final rules, in section 64.1320(b), we insert ``of this section'' in between ``(a)'' and ``must''. On page 4 of Appendix C listing the final rules, in section 64.1320(d), we replace ``Accounts'' with ``Accountants''. On page 4 of Appendix C listing the final rules, in section 64.1320(e), we replace ``section 64.1320(b)'' with ``paragraph (b) of this section''. On page 4 of Appendix C listing the final
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A1.txt
  • the staff identified the following rule sections: 36.701 - Lifeline connection assistance expense allocation - general; 51.211 - Toll Dialing Parity Implementation; 51.515(b)-(c) - Application of access charges; 53.101 - Joint marketing of local and long distance services by interLATA carriers; 53.201(a)-(b) - Services for which a separate 272 affiliate is required; 54.701(b)-(e) - Administrator of universal service support mechanisms; 64.1320 - Payphone compensation verification and reports; 64.1903(c) - Obligations of all incumbent independent local exchange carriers; 69.116 - Universal service fund; 69.117 - Lifeline assistance; 69.126 - Nonrecurring charges; 69.127 - Transitional equal charge rule; 69.612 - Long term and transitional support. The Lifeline Assistance program was significantly revised and moved to Part 54 in 1997. MCI WorldCom, Inc. v.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.txt
  • whole or in part, for this reason. 36.701 - Lifeline connection assistance expense allocation - general. 51.211 - Toll Dialing Parity Implementation. 51.515(b)-(c) - Application of access charges. 53.101 - Joint marketing of local and long distance services by interLATA carriers. 53.201(a)-(b) - Services for which a separate 272 affiliate is required. 54.701(b)-(e) - Administrator of universal service support mechanisms. 64.1320 - Payphone compensation verification and reports. 64.1903(c) - Obligations of all incumbent independent local exchange carriers. 69.116 - Universal service fund. 69.117 - Lifeline assistance. 69.126 - Nonrecurring charges. 69.127 - Transitional equal charge rule. 69.612 - Long term and transitional support. Other Issues Comments The Commission sought public comment on the September Staff Report. USTA, ITTA, OPASTCO, NECA, WorldCom,
• 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
  • para. 86. Second Order on Reconsideration, 16 FCC Rcd at 8105, para. 14. Id. at 8105-06, para. 15; see id. App. B; see also 47 C.F.R. � 64.1300(a) (2000). Id. at 8107, para. 18. See First Payphone Order, 16 FCC Rcd at 8098, 8107. See Second Order on Reconsideration, 16 FCC Rcd at 8107-08, para. 19; see 47 C.F.R. � 64.1320(b) (2002). 47 C.F.R. �� 1.200 et seq. See 47 C.F.R. � 1.1206(b)(2). 47 C.F.R. �� 1.415, 1.419. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). See 47 C.F.R. � 1.48. See 5 U.S.C. � 603. The RFA, see 5 U.S.C. � 601 et. seq., has been amended by the Small Business Regulatory Enforcement Fairness Act
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  • 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 pertinent to them are effective at
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-337A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-337A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-337A1.txt
  • least 30 days in advance of the planned transfer. See 47 C.F.R. �� 64.1120(c), (e). 47 C.F.R. � 63.71(c). As a matter of law, an application cannot be filed with the Commission until the applicant sends notice to its affected customers. See 47 C.F.R. � 63.71(b). 47 C.F.R. � 64.1330(c). It should be noted that the Commission recently amended section 64.1320, which is also a rule that monitors the payphone service market. See In the Matter of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, CC Docket No. 96-128, Report and Order, FCC 03-235 (rel. Oct. 3, 2003) (Pay Telephone Reclassification and Compensation Provisions Order). Based upon filed comments in that proceeding, the Commission modified section
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  • 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 a payphone-originated call. APCC requests that rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-284A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-284A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-284A1.txt
  • AT&T, Memorandum Opinion and Order, 15 FCC Rcd 308 (1999) (deciding claim for recovery of tariffed charges without discussing the issue of whether the Commission hears such claims, which neither party raised). We note that the Commission does entertain claims to recover unpaid payphone compensation pursuant to section 276 of the Act, 47 U.S.C. � 276, and sections 64.1300 through 64.1320 of the Commission's rules, C.F.R. �� 64.1300-64.1320. See, e.g. APCC Services, Inc., et al., v. TS Interactive, Order, 17 FCC Rcd 25523 (2002) Unlike the statutory provisions and Commission rules regarding access charges -- which speak only to the duties of the charging carrier and not to the duties of the customer-- section 276 of the Act and section 64.1300
• 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
  • (``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 comply with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-186A1_Erratum.doc
  • (``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 comply with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-227A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-227A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-227A1.txt
  • 7 FCC Rcd 408 (Com. Carrier Bur. 1992)); OCI Initial Br. at 32-34 (same). See U.S. TelePacific Corp. v. Tel-America of Salt Lake City, Inc., Memorandum Opinion and Order, 19 FCC Rcd 24552, 24556 n.28 (2004) (``[T]he Commission does entertain claims to recover unpaid payphone compensation pursuant to section 276 of the Act . . . and sections 64.1300 through 64.1320 of the Commission's rules . . . . Unlike the statutory provisions and Commission rules regarding access charges - which speak only to the duties of the charging carrier and not to the duties of the customer - section 276 of the Act and section 64.1300 of the Commission's rules specifically impose an obligation on the `customer' to pay payphone
• 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
  • 26, 35. Tollgate Order, 18 FCC Rcd at 19976, � 1 n.1. Tollgate Order, 18 FCC Rcd at 19978, � 7. Id. Id. As noted, a ``completed'' call is one that is answered by the called party. Calls that are not answered by the called party are not compensable. 47 C.F.R. � 64.1310(a)(1). Id. at � 64.1310(a)(4). Id. at � 64.1320(a), (b). 47 C.F.R. � 64.1310(b). 47 C.F.R. � 64.1310(c). Each quarterly report must be in computer readable format and include: (1) a list of all facilities-based long distance carriers to which the Intermediate Carrier switched access code and toll-free calls dialed from the PSP's payphone; (2) a list of all access code and toll-free numbers dialed from each PSP's payphones
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.txt
  • the staff identified the following rule sections: 36.701 - Lifeline connection assistance expense allocation - general; 51.211 - Toll Dialing Parity Implementation; 51.515(b)-(c) - Application of access charges; 53.101 - Joint marketing of local and long distance services by interLATA carriers; 53.201(a)-(b) - Services for which a separate 272 affiliate is required; 54.701(b)-(e) - Administrator of universal service support mechanisms; 64.1320 - Payphone compensation verification and reports; 64.1903(c) - Obligations of all incumbent independent local exchange carriers; 69.116 - Universal service fund; 69.117 - Lifeline assistance; 69.126 - Nonrecurring charges; 69.127 - Transitional equal charge rule; 69.612 - Long term and transitional support. The Lifeline Assistance program was significantly revised and moved to Part 54 in 1997. MCI WorldCom, Inc. v.
• http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
  • whole or in part, for this reason. 36.701 - Lifeline connection assistance expense allocation - general. 51.211 - Toll Dialing Parity Implementation. 51.515(b)-(c) - Application of access charges. 53.101 - Joint marketing of local and long distance services by interLATA carriers. 53.201(a)-(b) - Services for which a separate 272 affiliate is required. 54.701(b)-(e) - Administrator of universal service support mechanisms. 64.1320 - Payphone compensation verification and reports. 64.1903(c) - Obligations of all incumbent independent local exchange carriers. 69.116 - Universal service fund. 69.117 - Lifeline assistance. 69.126 - Nonrecurring charges. 69.127 - Transitional equal charge rule. 69.612 - Long term and transitional support. Other Issues The USTA Petition and Industry Comments In preparation for this Report, the staff has met with
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-284A1.html
  • v. AT&T, Memorandum Opinion and Order, 15 FCC Rcd 308 (1999) (deciding claim for recovery of tariffed charges without discussing the issue of whether the Commission hears such claims, which neither party raised). 28We note that the Commission does entertain claims to recover unpaid payphone compensation pursuant to section 276 of the Act, 47 U.S.C. 276, and sections 64.1300 through 64.1320 of the Commission's rules, C.F.R. 64.1300-64.1320. See, e.g. APCC Services, Inc., et al., v. TS Interactive, Order, 17 FCC Rcd 25523 (2002) Unlike the statutory provisions and Commission rules regarding access charges -- which speak only to the duties of the charging carrier and not to the duties of the customer-- section 276 of the Act and section 64.1300 of
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2819A1.html
  • counsel to pay appropriate regard to the Commission's procedural rules. V. ORDERING CLAUSE 16. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), 208, and 276, and sections 1.3, 1.711-1.736, and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.3, 1.711-1.736, 64.1300- 64.1320, and the authority delegated pursuant to sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Complainants' motion for partial waiver of section 1.718 of the Commission's rules IS GRANTED to the extent set forth above, and is otherwise DENIED. FEDERAL COMMUNICATIONS COMMISSION Kris A. Monteith Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 1.3, 1.727. 2 APCC
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1424A1.html
  • we address a formal complaint filed by APCC Services, Inc. ("APCC"), and several payphone service providers against IDT Corporation ("IDT") pursuant to section 208 of the Communications Act of 1934, as amended ("Act"). The Complaint alleges that IDT violated sections 201(b) and 416(c) of the Communications Act by failing to produce certain documents as required by rule 47 C.F.R. S 64.1320(g). Because IDT provided those documents to APCC after the Complaint was filed, however, the Complaint is moot and, accordingly, we dismiss it. II. Background A. The Parties 2. Complainants Davel Communications, Inc., ETS Payphones, Inc., Goldentel, Inc., NSC Communications Public Service Corporation, West Coast Coin, Inc., Kellee Communications Group, Inc., and PayTel Communications, Inc. (collectively, the "PSP Complainants") are payphone
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-186A1.html
  • 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 comply with
• http://transition.fcc.gov/eb/Orders/2008/FCC-07-227A1.html
  • 7 FCC Rcd 408 (Com. Carrier Bur. 1992)); OCI Initial Br. at 32-34 (same). See U.S. TelePacific Corp. v. Tel-America of Salt Lake City, Inc., Memorandum Opinion and Order, 19 FCC Rcd 24552, 24556 n.28 (2004) ("[T]he Commission does entertain claims to recover unpaid payphone compensation pursuant to section 276 of the Act . . . and sections 64.1300 through 64.1320 of the Commission's rules . . . . Unlike the statutory provisions and Commission rules regarding access charges - which speak only to the duties of the charging carrier and not to the duties of the customer - section 276 of the Act and section 64.1300 of the Commission's rules specifically impose an obligation on the `customer' to pay payphone
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-131A1.html
  • 26, 35. Tollgate Order, 18 FCC Rcd at 19976, P: 1 n.1. Tollgate Order, 18 FCC Rcd at 19978, P: 7. Id. Id. As noted, a "completed" call is one that is answered by the called party. Calls that are not answered by the called party are not compensable. 47 C.F.R. S: 64.1310(a)(1). Id. at S: 64.1310(a)(4). Id. at S: 64.1320(a), (b). 47 C.F.R. S: 64.1310(b). 47 C.F.R. S: 64.1310(c). Each quarterly report must be in computer readable format and include: (1) a list of all facilities-based long distance carriers to which the Intermediate Carrier switched access code and toll-free calls dialed from the PSP's payphone; (2) a list of all access code and toll-free numbers dialed from each PSP's payphones
• http://transition.fcc.gov/eb/Orders/2009/DA-09-2068A1.html
  • 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 reference. 3.
• http://transition.fcc.gov/eb/Orders/2009/DA-09-2068A2.html
  • 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 et seq.
• http://transition.fcc.gov/eb/Orders/2010/DA-10-1192A1.html
  • 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 damages for two categories of calls: (1) calls reported as delivered to CCI by an Intermediate Carrier ("Intermediate Carrier Reported Calls"); and (2) calls carried by CCI for which the 8yy (toll-free) numbers were translated into local
• http://transition.fcc.gov/eb/Orders/2011/DA-11-1134A1.html
  • 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 a Consent
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.txt
  • the staff identified the following rule sections: 36.701 - Lifeline connection assistance expense allocation - general; 51.211 - Toll Dialing Parity Implementation; 51.515(b)-(c) - Application of access charges; 53.101 - Joint marketing of local and long distance services by interLATA carriers; 53.201(a)-(b) - Services for which a separate 272 affiliate is required; 54.701(b)-(e) - Administrator of universal service support mechanisms; 64.1320 - Payphone compensation verification and reports; 64.1903(c) - Obligations of all incumbent independent local exchange carriers; 69.116 - Universal service fund; 69.117 - Lifeline assistance; 69.126 - Nonrecurring charges; 69.127 - Transitional equal charge rule; 69.612 - Long term and transitional support. The Lifeline Assistance program was significantly revised and moved to Part 54 in 1997. MCI WorldCom, Inc. v.
• http://www.fcc.gov/eb/Orders/2004/FCC-04-284A1.html
  • v. AT&T, Memorandum Opinion and Order, 15 FCC Rcd 308 (1999) (deciding claim for recovery of tariffed charges without discussing the issue of whether the Commission hears such claims, which neither party raised). 28We note that the Commission does entertain claims to recover unpaid payphone compensation pursuant to section 276 of the Act, 47 U.S.C. 276, and sections 64.1300 through 64.1320 of the Commission's rules, C.F.R. 64.1300-64.1320. See, e.g. APCC Services, Inc., et al., v. TS Interactive, Order, 17 FCC Rcd 25523 (2002) Unlike the statutory provisions and Commission rules regarding access charges -- which speak only to the duties of the charging carrier and not to the duties of the customer-- section 276 of the Act and section 64.1300 of
• http://www.fcc.gov/eb/Orders/2005/DA-05-2819A1.html
  • counsel to pay appropriate regard to the Commission's procedural rules. V. ORDERING CLAUSE 16. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), 208, and 276, and sections 1.3, 1.711-1.736, and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.3, 1.711-1.736, 64.1300- 64.1320, and the authority delegated pursuant to sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Complainants' motion for partial waiver of section 1.718 of the Commission's rules IS GRANTED to the extent set forth above, and is otherwise DENIED. FEDERAL COMMUNICATIONS COMMISSION Kris A. Monteith Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 1.3, 1.727. 2 APCC
• http://www.fcc.gov/eb/Orders/2006/DA-06-1424A1.html
  • we address a formal complaint filed by APCC Services, Inc. ("APCC"), and several payphone service providers against IDT Corporation ("IDT") pursuant to section 208 of the Communications Act of 1934, as amended ("Act"). The Complaint alleges that IDT violated sections 201(b) and 416(c) of the Communications Act by failing to produce certain documents as required by rule 47 C.F.R. S 64.1320(g). Because IDT provided those documents to APCC after the Complaint was filed, however, the Complaint is moot and, accordingly, we dismiss it. II. Background A. The Parties 2. Complainants Davel Communications, Inc., ETS Payphones, Inc., Goldentel, Inc., NSC Communications Public Service Corporation, West Coast Coin, Inc., Kellee Communications Group, Inc., and PayTel Communications, Inc. (collectively, the "PSP Complainants") are payphone
• http://www.fcc.gov/eb/Orders/2006/FCC-06-186A1.html
  • 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 comply with
• http://www.fcc.gov/eb/Orders/2010/DA-10-1192A1.html
  • 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 damages for two categories of calls: (1) calls reported as delivered to CCI by an Intermediate Carrier ("Intermediate Carrier Reported Calls"); and (2) calls carried by CCI for which the 8yy (toll-free) numbers were translated into local
• http://www.fcc.gov/eb/Orders/2011/DA-11-1134A1.html
  • 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 a Consent