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


In the Matter of                 )
                                )
                                )    File No. EB-02-TC-152
America's Digital Satellite      )    NAL/Acct. No.200332170011
Telephone, Inc.                  )    FRN:0004361168 





                              ORDER

   Adopted: January 30, 2004                         Released: 
                        February 2, 2004

By the Chief, Enforcement Bureau:


             1.           In   this  Order,   we   terminate   an 
investigation into  potential  violations  by  America's  Digital 
Satellite Telephone, Inc. (``ADST'')  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  carriers of  consumers  without  their 
authorization and  verification,  a practice  commonly  known  as 
``slamming.''2  

            2. The Enforcement  Bureau and  ADST 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  believe that the  public 
interest would  be served  by approving  the Consent  Decree  and 
terminating the investigation.  

            4. Accordingly, IT  IS ORDERED,  pursuant to  Section 
4(i) of the Act,  47 U.S.C.  154(i),  that the attached  Consent 
Decree is hereby ADOPTED.

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


                         FEDERAL COMMUNICATIONS COMMISSION



                         David H. Solomon
                         Chief, Enforcement Bureau
                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                 )
                                )
                                )    File No. EB-02-TC-152
America's Digital Satellite      )    NAL/Acct. No.200332170011 
Telephone, Inc.                  )    FRN: 0004361168 







                         CONSENT DECREE

I.  INTRODUCTION

     1.   The Enforcement Bureau (the ``Bureau'') of the Federal 
Communications Commission (the ``FCC'' or the ``Commission'') and 
America's Digital Satellite Telephone, Inc. (``ADST'') hereby 
enter into this Consent Decree to resolve an investigation by the 
Bureau regarding alleged non-compliance with  Section 201(b) of 
the Communications Act of 1934, as amended (the ``Act''), 
concerning unjust and unreasonable practices, and Section 258 of 
the Act and Sections 64.1100-64.1195 of the Commission's rules 
concerning the execution of an unauthorized change in the 
subscriber's selection of a telecommunications service provider.3  

     2.   Beginning in July, 2002, the Commission began receiving 
a high number of consumer complaints against ADST.  The 
complaints alleged generally that ADST had changed the consumers' 
preferred carrier without their authorization.  In response to 
these complaints, the Commission, along with the Public Utilities 
Commission of Ohio and the Indiana Regulatory Commission, began 
investigating ADST's alleged slamming practices.  The Commission 
commenced the investigation pursuant to the provisions of 
Sections 4(i) and 403 of the Communications Act.4


II.  DEFINITIONS


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

     (a)  The ``FCC'' or the ``Commission'' means the Federal 
          Communications Commission and all Bureaus and Offices 
          of the Commission, including the Enforcement Bureau.

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

     (c)  ``ADST'' or the ``Company'' means America's Digital 
          Satellite Telephone, Inc. or any of its subsidiaries, 
          affiliates, and successors.

     (d)  ``Parties'' means ADST and the Bureau.

     (e)  ``Investigation'' means the investigation initiated by 
the Bureau's October 29, 2002 
          letter of inquiry concerning possible violations of 
Sections 201(b) and 258 of the 
          Act.

     (f)  ``Slamming'' means the submission or execution of an 
unauthorized change in a 
          subscriber's selection of a telecommunications service 
provider.

     (g)  ``Adopting Order'' means an Order of the Commission or 
the Bureau adopting the 
          terms and conditions of this Consent Decree.

     (h)  ``Effective Date'' means the date on which the 
          Commission or the Bureau adopts the Adopting Order.


III.  AGREEMENT


     4.   ADST  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.  ADST 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 ADST respectively affirm and warrant that said 
representative is acting in his/her capacity and within his/her 
authority as a corporate officer of ADST, and on behalf of ADST 
and that by  his/her signature said representative is binding 
ADST to the terms and conditions of this Consent Decree.
 
     5.   ADST agrees that the Bureau has jurisdiction over it 
and over the subject matters contained in this Consent Decree and 
authority to enter into and adopt this Consent Decree.

     6.   ADST and the Bureau agree that this Consent Decree does 
not constitute an adjudication of the merits, an admission of 
wrongdoing on the part of ADST, or any finding on the facts or 
law regarding any violations committed by ADST in connection with 
the matters that are the subject of this consent decree.  ADST 
neither admits nor denies the alleged violations.   

     7.   ADST will make a voluntary contribution to the United 
States Treasury in the amount of $55,000 of which $10,000 shall 
be paid within 10 calendar days after release of the Adopting 
Order and the remaining $45,000 shall be paid in nine (9) monthly 
installments of $5,000 beginning 30 days thereafter.  ADST must 
make these payments by check, wire transfer, or money order drawn 
to the order of Federal Communications Commission, and each 
check, wire transfer, or money order should refer to ``NAL Acct. 
No. 200332170011''  If ADST makes these payments by check or 
money order, it must mail each check or money order to:  
Forfeiture Collection Section, Finance Branch, Federal 
Communications Commission, P.O. Box 73482, Chicago, Illinois, 
60673-7482.  If ADST makes these payments by wire transfer, it 
must wire each such payment in accordance with Commission 
procedures for wire transfer.

     8.   ADST further agrees that, to the extent it has not 
already done so, within 75 days of the effective date of this 
Consent Decree, it will file an application with the Commission 
pursuant to Section 214 of the Act and Section 63.71 of the 
Commission's regulations to discontinue all interstate and 
international long distance service.  Within that period, to the 
extent it has not already done so, it will also file applications 
to discontinue intrastate long distance service with all relevant 
state authorities which have not already adopted an order which 
would result in discontinuance of ADST's intrastate service.  
Upon approval of these applications, it shall terminate all 
interstate, international and intrastate long distance service 
for a period of five years.  After that period, neither ADST nor 
its principal may provide interstate or international long 
distance service without specific Commission authorization 
pursuant to Section 214 of the Act.   ADST agrees to notify the 
Bureau within five (5) days of submitting any application, 
registration or request to the Commission for authority to 
provide any such service.

     9.   ADST 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 that engages 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.  ADST 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 ADST's legal status or corporate structure, 
including but not limited to any merger, incorporation, 
dissolution, or assignment.  

     10.  In express reliance on the covenants and 
representations contained herein, the Bureau agrees to terminate 
the Investigation concerning compliance with Sections 201(b) and 
258 of the Act, and Sections 64.1100-64.1195 of the Commission's 
rules.

     11.  The Parties agree and acknowledge that this Consent 
Decree shall constitute a final settlement between ADST and the 
Commission of the Investigation.  Except as otherwise provided 
herein, the Bureau agrees that, in the absence of new material 
evidence (which shall not include complaints submitted prior to 
the effective date  for violations of Sections 201(b) and 258 of 
the Act) the Commission shall not institute enforcement 
proceedings against ADST, Damian Cipriani or against any 
employee, affiliate or agent of ADST, or any successor entity 
based on the Investigation or concerning violations of Section 
201(b) and 258 of the Act, and Sections 64.1100-64.1195 of the 
Commission's rules occurring prior to the Effective Date.  
However, nothing in this Consent Decree shall prevent the 
Commission from adjudicating any formal complaints that may be 
filed against ADST under Section 208 of the Act, or from 
instituting new investigations or enforcement proceedings against 
ADST in the event of alleged future misconduct.   Consistent with 
the forgoing, nothing in this Consent Decree limits the 
Commission's authority to consider and adjudicate any other 
violation of the Act and its rules, including violation of 
Sections 54.706, 54.709 and 54.713 of the Commission's rules.

     12.  ADST 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 Order adopting this Consent Decree, 
provided the Order adopts the Consent Decree without change, 
addition, or modification.

     13.  ADST'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.

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

     15.  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 ADST nor the Commission will contest the 
validity of the Consent Decree or Adopting Order, and ADST and 
the Commission will waive any statutory right to a trial de novo 
with respect to any matter upon which the Adoption Order is 
based, and shall consent to a judgment incorporating the terms of 
this Consent Decree.

     16.  ADST waives any rights it may otherwise have under the 
Equal Access to Justice Act, Title 5 U.S.C.  504 and 47 C.F.R.  
1.150 et seq.

     17.  ADST 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.

     18.  This Consent Decree may be signed in counterparts.


For  the Enforcement Bureau             For America's Digital 
Satellite Telephone, Inc.


By:_____________________________   
By:____________________________________ 
     David H. Solomon                         Damian Cipriani, 
     Chief, Enforcement Bureau                President
      Federal   Communications  Commission              America's 
Digital Satellite Telephone Company


_______________________________       
________________________________________            
Date                                             Date
                              
_________________________

147 U.S.C.  201(b), 258.  

2    ``Slamming''  is   the  submission   or  execution   of   an 
unauthorized  change   in   a   subscriber's   selection   of   a 
telecommunications service provider.   See, generally, 47  C.F.R. 
64.1100?64.1195.
3 47 U.S.C.  201(b), 258; 47 C.F.R.  64.1100-64.1195.
4 47 U.S.C.  154(i) and 403.