Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

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
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                 )
                                )    File No. EB-03-TC-075
LCR Telecommunications, LLC      )    NAL/Acct. No.: 200532170002
                                )    FRN: 0004981361
Verification of Orders for       )
Telecommunications Service       )

                              ORDER

Adopted:  November 29, 2004             Released:  December 1, 
2004

By the Chief, Enforcement Bureau:

     1.   In this Order, we terminate an investigation into 
potential violations by LCR Telecommunications, LLC (``LCR'') of 
sections 201(b) and 258 of the Communications Act of 1934, as 
amended (``the Act''),1 as well as Commission rules and orders, 
in connection with changing the designated preferred carrier of 
consumers without their authorization and verification, a 
practice commonly known as ``slamming.''2    

     2.   The Enforcement Bureau and LCR have negotiated the 
terms of a Consent Decree that would terminate the Bureau's 
investigation.  A copy of the Consent Decree is attached hereto 
and is incorporated by reference. 

     3.   We have reviewed the terms of the Consent Decree and 
evaluated the facts before us.  We find that the public interest 
would be served by approving the Consent Decree and terminating 
the captioned investigation.  

     4.   Accordingly, IT IS ORDERED, pursuant to section 4(i) of 
the Act, 47 U.S.C.  154(i), and the authority delegated by 
sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R.  
0.111, 0.311,  that the attached Consent Decree is ADOPTED.  

     5.   IT  IS  FURTHERED  ORDERED  that  the  above  captioned 
proceeding is TERMINATED.



                         FEDERAL COMMUNICAITONS COMMISSION



                         David H. Solomon
                         Chief, Enforcement Bureau

                                   
                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                 )
                                )    File No. EB-TC-075
LCR Telecommunications, LLC      )    NAL/Acct. No.: 200532170002
                                )    FRN: 0004981361
Verification of Orders for       )
Telecommunications Service       )

                         CONSENT DECREE

I.   INTRODUCTION

     1.   The Enforcement Bureau (``Bureau'') of the Federal 
Communications Commission (the ``FCC'' or ``Commission'') and LCR 
Telecommunications, LLC (``LCR''),3 by their authorized 
representatives, hereby enter into this Consent Decree to resolve 
an investigation by the Bureau regarding possible non-compliance 
with the requirements of sections 201(b) and 258 of the 
Communications Act of 1934, as amended, (the ``Act''), and 
section 64.1120 of the Commission's rules.4  

     2.   The Bureau initiated this investigation based on 
consumer complaints filed with the Commission and numerous state 
agencies.5  A review of the complaints indicated that LCR may 
have submitted preferred carrier changes on behalf of consumers 
without following the Commission's verification procedures.  
Specifically, it appears that LCR's telemarketing agents may have 
submitted preferred carrier changes affecting 18 subscribers by 
facilitating fraudulent verification recordings.  The Bureau 
inquired about these practices in Letters of Inquiry issued to 
LCR,6 and LCR responded to these inquiries.7

II.  DEFINITIONS

     3.   For purposes of this Consent Decree, the following 
definitions shall apply:

       a. ``Adopting Order'' means an Order of the Bureau 
            adopting the terms and conditions of this Consent 
            Decree without change, addition, or modification, 
            and formally terminating the above-captioned 
            Investigation.

       b. ``Bureau'' means the Enforcement Bureau of the Federal 
Communications                     Commission.

       c. ``Effective Date'' means the date on which the Bureau 
            adopts the Adopting Order.

       d. The "FCC" or the "Commission" means the Federal 
            Communications Commission and all Bureaus and 
            Offices of the Commission, including the Enforcement 
            Bureau. 

       e. ``Investigation'' means the investigation commenced by 
            the Bureau's Letter of Inquiry dated February 17, 
            2004,8 together with slamming complaints received by 
            the Commission prior to the Effective Date.

       f. ``LCR'' or the ``Company'' means LCR 
            Telecommunications, LLC, and its subsidiaries.

       g. ``Marketing'' means to attempt to sell intraLATA toll, 
            interLATA, or international telecommunications 
            services through means such as telemarketing, direct 
            mail marketing, selling through field sales 
            representatives, multi-level marketing arrangements, 
            or the equivalent.

       h. ``Parties'' mean LCR and the Bureau.    

III. AGREEMENT

     4.   LCR agrees that the Bureau has jurisdiction over it and 
the subject matter contained in this Consent Decree and the 
authority to enter into and adopt this Consent Decree.  

     5.   LCR represents  and warrants  that it  is the  properly 
named party  to  this  Consent  Decree and  is  solvent  and  has 
sufficient funds available to meet fully all financial and  other 
obligations  set  forth  herein.   LCR  further  represents   and 
warrants that it has caused this Consent Decree to be executed by 
its authorized representative as a true  act and deed, as of  the 
date affixed  next  to  said  representative's  signature.   Said 
representative and LCR respectively affirm and warrant that  said 
representative is acting in  his/her capacity and within  his/her 
authority as a member of LCR, and on behalf of LCR, and that,  by  
his/her signature,  said representative  is  binding LCR  to  the 
terms and conditions of this Consent Decree.

     6.   The Parties agree and acknowledge that this Consent 
Decree shall constitute a final settlement of the Investigation.  
In express reliance on the covenants and representations 
contained herein, and in order to avoid the potential expenditure 
of additional public resources, the Bureau agrees to terminate 
the Investigation.  The Bureau agrees that, in the absence of new 
material evidence, it will not initiate on its own motion any 
other enforcement action against LCR concerning matters that were 
the subject of this Investigation, or seek on its own motion any 
administrative or other penalties from LCR based on this 
Investigation.  Consistent with the foregoing, nothing in this 
Consent Decree limits the Commission's authority to consider and 
adjudicate any complaint that may be filed pursuant to section 
208 of the Act, 47 U.S.C.  208, and to take any action otherwise 
authorized by the Act.

     7.   The Parties agree that this Consent Decree does not 
constitute either an adjudication on the merits or a factual or 
legal finding or determination regarding any compliance or non-
compliance with the requirements of the Act and Commission rules.  
The Parties agree that this Consent Decree is for settlement 
purposes only and that by agreeing to this Consent Decree LCR 
does not admit or deny liability for violating the Act and 
Commission rules in connection with the matters that are the 
subject of this Consent Decree.   

     8.   In consideration for the termination of the 
Investigation in accordance with the terms of this Consent 
Decree, LCR shall make a voluntary contribution to the United 
States Treasury, without further protest or recourse to a trial 
de novo, in the amount of five hundred thousand dollars 
($500,000.00).  The payment shall be made within thirty (30) 
calendar days of the Effective Date.  The payment shall be made 
by check, wire transfer, or money order drawn to the order of 
Federal Communications Commission, and the check, wire transfer, 
or money order shall refer to the NAL Acct. No. and FRN No. 
identified above.  If LCR makes this payment by check or money 
order, it must mail the check or money order to: Forfeiture 
Collection Section, Finance Branch, Federal Communications 
Commission, P.O. Box 73482, Chicago, IL, 60673-7482.  Payment by 
overnight mail may be sent to Bank One/LB 73482, 525 West Monroe, 
8th Floor Mailroom, Chicago, IL 60661.  If LCR chooses to make 
these payments by wire transfer, payment may be made to ABA 
Number 071000013, receiving bank Bank One, and account number 
1165259.

     9.   LCR agrees that, to the extent that it has not already 
done so, the Company will cease marketing to existing and 
prospective customers.  LCR further agrees that should it choose 
to discontinue  interLATA, intraLATA toll, or international 
telecommunications services, the Company will file timely 
applications with the Commission pursuant to section 214 of the 
Act, 47 U.S.C.  214, and section 63.71 of the Commission's 
rules, 47 C.F.R.  63.71, and all relevant state authorities.  
LCR agrees to notify the Bureau via e-mail and US mail to the 
attention of the Chief, Telecommunications Consumers Division, 
Enforcement Bureau, Federal Communications Commission, 
Washington, D.C. 20554, within ten (10) days prior to submitting 
any application, registration or request to the Commission 
pursuant to section 214 of the Act or section 63.71 of the 
Commission's rules.  For a period of two years from the Effective 
Date, the Company's officers and principals9 shall not have an 
ownership stake or be principals or officers in any company, 
other than LCR, which sells, offers, or provides interLATA, 
intraLATA toll, or international telecommunications services.

     10.  LCR represents and warrants that it shall not effect 
any change in its form of doing business or its organizational 
identity or participate directly or indirectly in any activity to 
form a separate entity or corporation for the purpose of engaging 
in acts prohibited in this Consent Decree or for any other 
purpose which would otherwise circumvent any part of this Consent 
Decree or the obligations of this Consent Decree.  LCR agrees to 
notify the Chief, Telecommunications Consumers Division, 
Enforcement Bureau, Federal Communications Commission, Washington 
D.C. 20554, at least thirty (30) days prior to the effective date 
of any material change in LCR's legal status or corporate 
structure, including but not limited to any merger, 
incorporation, dissolution, assignment, or transfer of its 
subscriber/customer base.  Nothing in this Consent Decree shall 
be deemed to be an obligation by LCR to disclose to the Bureau 
``material inside information,'' as that term is defined in 
applicable securities laws and regulations.

     11.  LCR agrees to provide a written report (``Compliance 
Report'') to the Bureau six (6) months from the Effective Date 
describing its compliance with this Consent Decree.  The 
Compliance Report shall provide the number of accounts or lines 
billed by LCR on a monthly basis for the six month period covered 
by the Compliance Report.  LCR also agrees to submit to the 
Bureau additional Compliance Reports twelve (12) and twenty-four 
(24) months from the Effective Date.  All Compliance Reports 
shall be submitted to the Bureau via e-mail and US mail to the 
attention of the Chief, Telecommunications Consumers Division, 
Enforcement Bureau, Federal Communications Commission, 
Washington, D.C. 20554.  

     12.  LCR agrees to maintain and make available to the 
Bureau, within 20 business days of receipt of any written request 
from the Bureau, business records demonstrating compliance with 
the terms and provisions of this Consent Decree.

     13.  LCR waives any and all rights it may have to seek 
administrative or judicial reconsideration, review, appeal or 
stay, or to otherwise challenge or contest the validity of this 
Consent Decree and the Adopting Order, provided the Adopting 
Order adopts the Consent Decree without change, addition, or 
modification.  

     14.  LCR's agreement to enter into this Consent Decree is 
expressly contingent upon the issuance of an Order by the Bureau 
that is consistent with this Consent Decree, and which adopts the 
Consent Decree without change, addition, or modification.  

     15.  In the event that any court of competent jurisdiction 
renders this Consent Decree invalid, it shall become null and 
void and may not be used in any manner in any legal proceeding.

     16.  The Parties agree that if any provision of the Consent 
Decree conflicts with any subsequent rule or order adopted by the 
Commission, where compliance with the provision would result in a 
violation, that provision will be superseded by such Commission 
rule or order.

     17.  By this Consent Decree, LCR does not waive or alter its 
right to assert and seek protection from disclosure of any 
privileged or otherwise confidential and protected documents and 
information, or to seek appropriate safeguards of confidentiality 
for any competitively sensitive or proprietary information.  The 
status of materials prepared for, reviews made and discussions 
held in the preparation for, and implementation of LCR's 
compliance efforts under this Consent Decree, which would 
otherwise be privileged or confidential, are not altered by the 
execution or implementation of the terms of this Consent Decree, 
and no waiver of such privileges is made by this Consent Decree.

     18.  If either party (or the United States on behalf of the 
Commission) brings a judicial action to enforce the terms of the 
Adopting Order, neither LCR nor the Commission will contest the 
validity of the Consent Decree or Adopting Order, and LCR and the 
Commission will waive any statutory right to a trial de novo with 
respect to any matter upon which the Adopting Order is based, and 
shall consent to a judgment incorporating the terms of this 
Consent Decree.

     19.  LCR agrees that any violation of the Consent Decree or 
the Adopting Order will constitute a separate violation of a 
Commission order, entitling the Commission to exercise any rights 
or remedies attendant to the enforcement of a Commission order. 
     20.  This Consent Decree may be signed in counterparts.

For the Enforcement Bureau              For LCR 
Telecommunications, LLC


By:_____________________________        
By:____________________________________ 
     David H. Solomon                         Martin J. Tibbitts, 
     Chief, Enforcement Bureau                          Managing 
Member
     Federal Communications Commission                  LCR 
Telecommunications, LLC


______________________________          
________________________________________            
Date                                           Date
                    










          

_________________________

1 47 U.S.C.  201(b), 258.
2 ``Slamming'' refers to the submission or execution of a  change 
in a  subscriber's  selection  of  a  telecommunications  service 
provider without  following  the Commission's  authorization  and 
verification rules.  See generally 47 C.F.R.  64.1100-64.1195.
3LCR's business address is 100 West Big Beaver Road, Suite 200, 
Troy, MI 48084.  LCR is a nationwide reseller of international, 
interstate, and intrastate interexchange telecommunications 1+, 
10-10-xxxx, and 1-800 services.  
447 U.S.C.  201(b), 258; 47 C.F.R.  64.1120.
5Agencies  in   the  following   states  participated   in   this 
investigation: Arizona, Arkansas, California, Colorado, Delaware, 
Florida, Illinois, Indiana, Iowa, Maine, Missouri, Minnesota, New 
Jersey, New Mexico, Ohio, Pennsylvania, Texas, Vermont, Virginia, 
and Washington.
6See Letter from Kurt Schroeder, Deputy Chief, Telecommunications 
Consumers Division, Enforcement Bureau, Federal Communications 
Commission to Martin Tibbitts, Managing Member, LCR 
Telecommunications, LLC (Feb. 17, 2004); Letter from Colleen 
Heitkamp, Chief, Telecommunications Consumers Division, 
Enforcement Bureau, Federal Communications Commission to Martin 
Tibbitts, Managing Member, LCR Telecommunications, LLC (July 30, 
2004).
7See Letter from Thomas K. Crowe, Gregory E. Kunkle, Counsel for 
LCR Telecommunications, LLC to Edward Hayes, Telecommunications 
Consumers Division, Enforcement Bureau, Federal Communications 
Commission (Apr. 1, 2004); Letter from Thomas K. Crowe, Gregory 
E. Kunkle, Counsel for LCR Telecommunications, LLC to Edward 
Hayes, Telecommunications Consumers Division, Enforcement Bureau, 
Federal Communications Commission (Aug. 31, 2004). 
8See supra note 4. 
9See E-mail from  David Hepp, Director  of Customer Service,  LCR 
Telecommunications,  LLC   to  Sharon   Lee,   Telecommunications 
Consumers Division,  Enforcement Bureau,  Federal  Communications 
Division  (Nov.   9,   2004)  (listing   all  current   officers, 
principals, and owners of LCR).