******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) File No. ENF-97-04 Long Distance Services, Inc. ) ) NAL/Acct. No. 716EF0003 Apparent Liability for Forfeiture ) ORDER OF FORFEITURE Adopted: May 7, 1997 ; Released: May 8, 1997 By the Chief, Common Carrier Bureau: 1. On December 17, 1996, we released a Notice of Apparent Liability in the above- captioned proceeding. We concluded therein that Long Distance Services, Inc. ("LDSI") or its affiliated companies had apparently changed the primary interexchange carriers ("PICs") designated by Dr. Stan Altman ("Altman") of New York, New York and Gerrold DeBoe ("DeBoe") of Pompano Beach, Florida in violation of the Commission's rules and orders. We found LDSI apparently liable for forfeiture in the amount of eighty thousand dollars ($80,000) for its willful or repeated violations of the Commission's rules and PIC-change requirements and allowed 30 days from the NAL's release date for LDSI to respond, either by paying the forfeiture amount or explaining why the forfeiture should be reduced or not imposed at all. LDSI failed to provide any response to the NAL. 2. The facts and circumstances leading to the issuance of the NAL are recited therein and need not be reiterated at length. This proceeding was initiated by the Altman and DeBoe complaints, each of which alleged that LDSI had, without authorization, converted the PIC from the complainants' chosen long distance carrier to LDSI. Altman and DeBoe stated in their respective complaints that the letters of agency ("LOAs") used to switch the PICs to LDSI contained forged signatures and incorrect personal information. Subsequently, the Enforcement Division of the Common Carrier Bureau ("Bureau") sent letters to LDSI requesting that LDSI provide specific information regarding the allegations listed in the Altman and DeBoe complaints. LDSI did not respond to the staff's request for the information. Based upon the information in the Altman and DeBoe complaints, the Bureau issued an NAL against LDSI pursuant to Section 503(b) of the Act, for willful or repeated failure to comply with the Commission's PIC-change rules and orders. 3. In the absence of any information offered by LDSI identifying facts or circumstances to persuade us that there is any basis to reexamine the NAL, or mitigating circumstances sufficient to warrant a reduction of the $80,000 forfeiture penalty, the Bureau will enter a forfeiture for said amount against LDSI for its willful and repeated failure to comply with the Commission's PIC- change rules and orders. 4. Accordingly, IT IS ORDERED pursuant to Section 503(b) of the Act, 47 U.S.C.  503(b), Section 1.80(f)(4) of the Commission's rules, 47 C.F.R.  1.80(f)(4), and the authority delegated in Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, that Long Distance Services, Inc., or its affiliated companies, SHALL FORFEIT to the United States Government the sum of eighty thousand dollars ($80,000) for violating the Commission's rules and orders governing primary interexchange carrier conversions when it converted or caused a local exchange carrier to convert the Altman's telephone line on or about July 12, 1996, and the DeBoe's telephone line on or about March 28, 1996, without their authorization and through the use of apparently forged LOAs. Payment shall be made in the manner provided for in Section 1.80 of the Commission's rules within 30 days from the release of this Order. If the forfeiture is not paid within the period specified, the case will be referred to the Department of Justice for collection pursuant to Section 504(a) of the Communications Act. 5. IT IS FURTHER ORDERED that a copy of this Order of Forfeiture shall be sent by certified United States mail, return receipt requested, to Daniel Fletcher, Phone Calls, Inc. and Monthly Phone Services, Inc., 201 West Broad Street, Suite 181, Falls Church, Virginia, 22206, and to Daniel Fletcher, Long Distance Services, Inc., 2117 L Street, N.W., No. 293, Washington, D.C. 20037, and to Daniel Fletcher, P.O. Box 1597, Rowlett, Texas 75030. FEDERAL COMMUNICATIONS COMMISSION Regina M. Keeney Chief, Common Carrier Bureau