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

In the Matter of                 )    File No. EB-04-IH-0503
                                )
                                )
QuickLink Telecom, Inc.          )    NAL/Acct. No. 200532080136
                                )
                                )    FRN No. 0009-2680-61


                       ORDER OF FORFEITURE


Adopted:  September 13, 2005                           Released:  
September 14, 2005

By the Acting Chief, Enforcement Bureau:

I.   INTRODUCTION 
                                      
     1.   In this Order of Forfeiture, we assess a monetary 
forfeiture of $20,000 against QuickLink Telecom, Inc. 
(``QuickLink'').  The noted violation involves QuickLink's 
failure to respond to a directive of the Enforcement Bureau 
(``Bureau'') to provide certain information and documents 
pursuant to a Commission Letter of Inquiry (``LOI'').1

II.  BACKGROUND

     2.   The facts and circumstances surrounding this case are 
set forth in the Notice of Apparent Liability for Forfeiture 
issued by the Bureau in July 2005, and need not be reiterated at 
length here.2  QuickLink characterizes itself as a ``toll 
reseller.''3   It routes voice and data from around the world 
through its gateway facilities in the U.S. and Europe.4  In 
October 2004, the Universal Service Administrative Company 
(``USAC'') referred QuickLink to the Bureau for action concerning 
its failure to contribute to the Universal Service Fund (``USF'') 
and its failure to file Telecommunications Reporting Worksheets 
as required by Commission rules.5  According to USAC's records, 
QuickLink has filed only one Worksheet, and made only one 
contribution to USF since 2003.    

     3.   Following USAC's referral, the Bureau sent QuickLink 
the LOI to obtain information concerning whether the company 
violated section 54.706 of the Commission's rules,6 involving the 
requirement to contribute to USF.7  The Bureau sent the LOI to 
QuickLink's registered office in Jamaica, New York, by certified 
mail/return receipt requested, facsimile and email.8  The Bureau 
also sent the LOI to QuickLink's registered agent by certified 
mail/return receipt requested.  The LOI directed QuickLink to 
provide certain specified documents and information within twenty 
calendar days of the date of the letter, i.e., by November 5, 
2004.

     4.   As of November 6, 2004, the Bureau had not received 
communication of any kind from QuickLink.  Bureau staff made 
several additional attempts to reach the company, and ultimately 
spoke to a man answering the telephone at QuickLink's office and 
representing himself as Muhammad Ali on December 14, 2004.  Mr. 
Ali confirmed QuickLink's business address, that the named 
addressee on the letter, Amar Siddigui, was involved with the 
company, and that the company had received invoices from USAC.  
He made no representations concerning the company's response to 
the LOI.  Later that day, Bureau staff sent a letter to 
QuickLink, reciting the above history, and reminding QuickLink 
that its ``failure to respond fully to the October 15, 2004, LOI 
subjects it to potential enforcement action, including 
forfeitures.  Unless we receive a full response to the Bureau's 
LOI within seven days of this letter, by December 1, 2004, we 
will commence such an enforcement action.''9 The Bureau sent the 
letter by certified mail/return receipt requested, and by 
facsimile.  Additionally, Bureau staff repeatedly telephoned 
QuickLink between December 14, 2004, and December 20, 2004, but 
were told that QuickLink's president was out of the country at 
present.  To date, the Bureau has not received any response to 
the LOI from QuickLink.  

     5.   On July 5, 2005, the Bureau issued the QuickLink NAL 
proposing a forfeiture in the amount of $20,000.  The QuickLink 
NAL ordered QuickLink to pay the forfeiture or respond to the 
notice, as well as to respond to the LOI, within 30 days.10  This 
notice was sent to QuickLink's last known address via certified 
mail and email.  As of the date of the release of this order, 
QuickLink has still not filed a response to LOI, and has not paid 
the forfeiture amount or submitted a response to the QuickLink 
NAL.

III. DISCUSSION

     6.   This forfeiture is issued pursuant to section 503(b)(1) 
of the Communications Act of 1934, as amended (the ``Act'').  
Under that provision, any person who is determined by the 
Commission to have willfully or repeatedly failed to comply with 
any provision of the Act or any rule, regulation, or order 
issued by the Commission shall be liable to the United States 
for a forfeiture penalty.11  Section 312(f)(1) of the Act 
defines willful as ``the conscious and deliberate commission or 
omission of [any] act, irrespective of any intent to violate'' 
the law.12  The legislative history to section 312(f)(1) of the 
Act clarifies that this definition of willful applies to both 
sections 312 and 503(b) of the Act,13 and the Commission has so 
interpreted the term in the section 503(b) context.14  The term 
``repeated'' means that the act was committed or omitted more 
than once, or lasts more than one day. 15 
 
     7.   As discussed in the NAL, section 503(b)(2)(B) of the 
Act authorizes the Commission to assess a forfeiture against 
telecommunications carriers of up to $130,000 for each violation 
or each day of a continuing violation, up to a statutory maximum 
of $1,325,000 for a single act or failure to act.16  In 
determining the appropriate forfeiture amount, we consider the 
factors enumerated in section 503(b)(2)(D) of the Act, including 
``the nature, circumstances, extent, and gravity of the 
violation and, with respect to the violator, the degree of 
culpability, any history of prior offenses, ability to pay, and 
such other matters as justice may require.''17  In exercising 
such authority, we have the discretion to adjust the forfeiture 
amount based on the particular facts and circumstances of the 
violations.18

     8.   In the NAL, we proposed a forfeiture of $20,000 for 
QuickLink's apparent violation of a Commission order by 
willfully and repeatedly failing to respond to a Bureau 
directive to provide certain information and documents.19  We 
noted the base forfeiture of $3,000 for failure to file required 
forms of information, and the base forfeiture of $4,000 for 
failure to respond to a Commission communication, but concluded 
that the circumstances here warranted a substantial increase 
from these amounts. 20  We explained that QuickLink's misconduct 
``exhibits a disregard for the Commission's authority that 
cannot be tolerated, and, more importantly, threatens to 
compromise the Commission's ability to adequately investigate 
violations of its rules.''21

     9.   By failing to respond to the QuickLink NAL, QuickLink 
has failed to identify facts or circumstances to persuade us 
that there is a basis for modifying the proposed forfeiture, and 
we are not aware of any further mitigating circumstances 
sufficient to warrant a reduction of the forfeiture penalty.  
For these reasons, we hereby impose a forfeiture of $20,000 for 
QuickLink's failure to respond to a Commission communication as 
set forth in the QuickLink NAL.

IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS ORDERED THAT, pursuant to section 
503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 
 503(b), and section 1.80 of the Commission's rules, 47 C.F.R. 
 1.80, that QuickLink Telecom, Inc., SHALL FORFEIT to the 
United States government the sum of $20,000 for willfully and 
repeatedly violating the Commission's rules.

     11.  Payment of the forfeiture shall be made in the manner 
provided for in section 1.80 of the Commission's rules within 30 
days of the release of this Order.  If the forfeiture is not 
paid within the period specified, the case may be referred to 
the Department of Justice for collection pursuant to Section 
504(a) of the Act.22  Payment of the forfeiture must be made by 
check or similar instrument, payable to the order of the Federal 
Communications Commission.  The payment must include the 
NAL/Acct. No. and FRN No. referenced above.  Payment by check or 
money order may be mailed to Federal Communications Commission, 
P.O. Box 358340, Pittsburgh, PA 15251-8340.  Payment by 
overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross 
Street, Room 1540670, Pittsburgh, PA 15251.   Payment by wire 
transfer may be made to ABA Number 043000261, receiving bank 
Mellon Bank, and account number 911-6106. Requests for full 
payment under an installment plan should be sent to: Chief, 
Revenue and Receivables Operations Group, 445 12th Street, S.W., 
Washington, D.C., 20554.23

     12.  IT IS FURTHER ORDERED that a copy of this Order shall 
be sent by first class mail and certified mail return receipt to 
QuickLink Telecom, Inc., 169-26 Hillside Avenue, Jamaica, NY 
11432. 



                              FEDERAL COMMUNICATIONS COMMISSION


                              Kris Anne Monteith
                              Acting Chief, Enforcement Bureau

_________________________

1 Letter from Eric J. Bash, Assistant Chief, Investigations & 
Hearings Division, Enforcement Bureau, FCC, to Amar Siddigui, 
QuickLink Telecom, Inc. (Oct. 15, 2004).  Letter from Hillary S. 
DeNigro, Deputy Chief, Investigations & Hearings Division, FCC to 
Amar Siddigui, QuickLink Telecom, Inc. (Dec. 14, 2004) (``LOI 
Follow-up'').
2 See QuickLink Telecom, Inc., Notice of Apparent Liability for 
Forfeiture and Order, DA 05-1907 (Enf. Bur., released July 5, 
2005) (``QuickLink NAL'').
3 2003 FCC Form 499-A at 5.
4 http://www.qltel.net/contact.htm 
5 47 C.F.R.  54.706(a).
6 47 C.F.R.  54.706.
7 LOI.
8 The certified mail's return receipt indicates the LOI was 
received by QuickLink's corporate office, located in Jamaica, 
Queens, NY, on November 1, 2004.  The Bureau's facsimile machine 
generated a confirmation sheet indicating that the document was 
successfully transmitted to QuickLink.  The email, sent to the 
email address listed by QuickLink in its 2003 FCC Form 499-A, 
bounced back to the FCC as `undeliverable.'  The Bureau also sent 
a copy of the LOI to Roger Eddleman in Falls Church, VA, who is 
listed on QuickLink's 2003 FCC 499-A as an agent for service of 
process.  According to the certified mail receipt, Mr. Eddleman 
received the document on October 21, 2004.  Thereafter, he 
contacted the Bureau and said he was not QuickLink's agent for 
service.
9 LOI Follow-up.
10 QuickLink NAL at 5.
11 47 U.S.C.  503(b)(1)(b).
12 47 U.S.C.  312(f)(1).
13 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
14See e.g., Southern California Broadcasting Co., Memorandum 
Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).
15 Id. at 1362,   9. 
16 47 U.S.C.  503(b)(2)(B).  See also 47 C.F.R.  1.80(b)(2); 
Amendment of Section 1.80(b) of the Commission's Rules, 
Adjustment of Forfeiture Maxima to Reflect Inflation, Order, 19 
FCC Rcd 10945 (2004). 
17 47 U.S.C.  503(b)(2)(D).
18 Bigzoo at 3955  5-6.
19 QuickLink NAL, supra note 2, at 4.
20 Id. at 4; see also Bigzoo at 3955  5-6.
21 QuickLink NAL.
22 47 U.S.C  504(a).
23 See 47 U.S.C  1.1914.