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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-07-SE-162
PTI Pacifica Inc. ) Acct. No. 201132100008
(formerly GTE Pacifica, Inc.) ) FRN No. 0004339933
Adopted: November 15, 2010 Released: November 16, 2010
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and PTI Pacifica, Inc. ("PTI
Pacifica"). The Consent Decree terminates an investigation by the
Bureau against PTI Pacifica for possible violation of section 52.31 of
the Commission's rules regarding provision of wireless-to-wireless
local number portability ("LNP").
2. The Bureau and PTI Pacifica 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 of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigation.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether PTI Pacifica possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the
Communications Act of 1934, as amended, and sections 0.111 and 0.311
of the Commission's rules, the Consent Decree attached to this Order
6. IT IS FURTHER ORDERED that the above-captioned investigation IS
7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Larry Knecht, Chief Financial Officer, P.O. Box 500306
CK, Tekken St., Susupe, Saipan, MP 96950 and to counsel to PTI
Pacifica Inc., Kenneth D. Patrich, Esq., Wilkinson Barker Knauer, LLP,
2300 N Street, N.W., Suite 700, Washington, D.C. 20037.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Federal Communications Commission
Washington, D.C. 20554
In the Matter of File No. EB-07-SE-162
PTI Pacifica Inc. Acct. No. 201132100008
(formerly GTE Pacifica, Inc.) FRN No. 0004339933
The Enforcement Bureau ("Bureau") and PTI Pacifica Inc. (formerly GTE
Pacifica, Inc.) ("PTI Pacifica"), by their respective authorized
representatives, hereby enter into this Consent Decree for the purpose of
terminating the Bureau's investigation into PTI Pacifica's compliance with
the Commission's regulations in 47 C.F.R. Part 52 regarding the provision
of wireless-to-wireless local number portability ("LNP").
1. For the purposes of this Consent Decree, the following definitions
(a) "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S:
151 et seq.
(b) "Adopting Order" means an Order of the Bureau adopting the terms of
this Consent Decree without change, addition, deletion, or modification.
(c) "Bureau" means the Enforcement Bureau of the Federal Communications
(d) "Commission" and "FCC" means the Federal Communications Commission and
all of its bureaus and offices.
(e) "Compliance Plan" means the program described in this Consent Decree
at paragraph 8.
(f) "Effective Date" means the date on which the Bureau releases the
(g) "Investigation" means the investigation initiated by the Bureau in
response to the Order issued on April 2, 2007 by the Spectrum and
Competition Policy Division, Wireless Telecommunications Bureau in CC
Docket No. 95-116.
(h) "MTC" means The Micronesian Telecommunications Corporation and its
predecessors-in-interest and successors-in-interest.
(i) "Parties" means PTI Pacifica and the Bureau, and each a "Party."
(j) "PTI Pacifica" means PTI Pacifica Inc., (formerly GTE Pacifica, Inc.)
and its predecessors-in-interest and successors-in-interest.
(k) "Rules" means the Commission's regulations set forth in Title 47 of
the Code of Federal Regulations.
2. Number portability is defined as "the ability of users of
telecommunications services to retain at the same location existing
telephone numbers without impairment of quality, reliability, or
convenience when switching from one telecommunications carrier to
another." Under the Commission's LNP rules, commercial mobile radio
service ("CMRS") providers that provide service outside the largest
100 MSAs were required to support number portability by May 24, 2004,
or within six months after receiving a bona fide request ("BFR") for
number portability, whichever is later. PTI Pacifica is a CMRS
provider that serves an area outside the largest 100 MSAs.
3. On April 2, 2007 the Spectrum and Competition Policy Division,
Wireless Telecommunications Bureau, issued an Order denying PTI
Pacifica's request for an extension of time to implement
wireless-to-wireless LNP and referring the matter to the Enforcement
Bureau for appropriate action. On May 2, 2007, PTI Pacifica and its
affiliated ILEC, MTC, separately filed Petitions for Reconsideration
of the Order.
III. TERMS OF AGREEMENT
4. Adopting Order. The Parties agree that the provisions of this Consent
Decree shall be subject to final approval by the Bureau by
incorporation of such provisions by reference in the Adopting Order
without change, addition, modification, or deletion.
5. Jurisdiction. PTI Pacifica 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.
6. Effective Date; Violations. The Parties agree that this Consent Decree
shall become effective on the Effective Date. Upon release, the
Adopting Order and this Consent Decree shall have the same force and
effect as any other Order of the Bureau. Any violation of the Adopting
Order or of the terms of this Consent Decree shall constitute a
separate violation of a Bureau Order, entitling the Bureau to exercise
any rights and remedies attendant to the enforcement of a Commission
7. Termination of Investigation. In express reliance on the covenants and
representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate the
Investigation. In consideration for the termination of the
Investigation, PTI Pacifica agrees to the terms, conditions, and
procedures contained herein. The Bureau further agrees that, in the
absence of new material evidence, the Bureau will not use the facts
developed in the Investigation through the Effective Date, or the
existence of this Consent Decree, to institute, on its own motion, or
refer to the Commission, any new proceeding, formal or informal, or
take on its own motion, or refer to the Commission, any action against
PTI Pacifica concerning the matters that were the subject of the
Investigation. The Bureau also agrees that in the absence of new
material evidence it will not use the facts developed in this
Investigation through the Effective Date, or the existence of this
Consent Decree, to institute on its own motion, or refer to the
Commission, any proceeding, formal or informal, or take on its own
motion, or refer to the Commission, any action, against PTI Pacifica
with respect to PTI Pacifica's basic qualifications, including its
character qualifications, to be a Commission licensee.
8. Compliance Plan. For purposes of settling the matters set forth
herein, PTI Pacifica agrees to create within thirty (30) calendar days
a Compliance Plan related to future compliance with the provisions of
the Act, the Rules, and the Commission's Orders relating to
wireless-to-wireless LNP. The Compliance Plan will include, at a
minimum, the following components:
(a) Compliance Officer. PTI Pacifica shall designate a Compliance Officer
who will be responsible for overseeing PTI Pacifica's compliance with the
LNP rules and this Compliance Plan.
(b) Compliance Training Program. PTI Pacifica shall establish and maintain
an LNP training program for all current employees who are responsible for
responding to BFRs from wireless carriers for wireless-to-wireless LNP.
PTI Pacifica shall also administer such training to new employees who are
responsible for responding to BFRs from wireless carriers for
wireless-to-wireless LNP within 30 days of hire.
(i) PTI Pacifica's Compliance Training Program shall address, at a
minimum, the Rules governing the provision of wireless-to-wireless LNP in
response to a BFR for LNP from another wireless carrier.
(ii) PTI Pacifica shall update and enhance the foregoing training
regarding the FCC's wireless-to-wireless LNP requirements as appropriate
(c) Compliance Reports. PTI Pacifica will file Compliance Reports with the
Commission ninety days after the Effective Date, twelve (12) months after
the Effective Date, and twenty-four (24) months after the Effective Date.
Each compliance report shall include a compliance certificate, in the form
of an affidavit or declaration under penalty of perjury, signed and dated
by an authorized officer, as an agent of PTI Pacifica, stating that the
officer has personal knowledge that PTI Pacifica (i) has established
operating procedures intended to ensure compliance with the terms and
conditions of this Consent Decree and with Part 52 of the Rules, together
with an accompanying statement explaining the basis for the officer's
compliance certification; (ii) has been utilizing those procedures since
the previous Compliance Report was submitted; and (iii) is not aware of
any instances of non-compliance. The certification must comply with
section 1.16 of the Rules and be subscribed to as true under penalty of
perjury in substantially the form set forth therein. If the Compliance
Officer cannot provide the requisite certification, the Compliance
Officer, as an agent of and on behalf of PTI Pacifica, shall provide the
Commission with a detailed explanation of: (i) any instances of
non-compliance with this Consent Decree and the Part 52 Rules relating to
wireless-to-wireless LNP, and (ii) the steps that PTI Pacifica has taken
or will take to remedy each instance of non-compliance and ensure future
compliance, and the schedule on which proposed remedial actions will be
taken. All compliance reports shall be submitted to the Chief, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street, S.W., Washington, D.C. 20554, with a copy
submitted electronically to Kathy.Berthot@fcc.gov and Linda.Nagel@fcc.gov.
(d) Termination. The provisions of this paragraph shall remain in effect
for twenty four (24) months from the Effective Date.
9. Section 208 Complaints; Subsequent Investigations. Nothing in this
Consent Decree shall prevent the Commission or its delegated authority
from adjudicating complaints filed pursuant to section 208 of the Act
against PTI Pacifica or its affiliates for alleged violations of the
Act, or for any other type of alleged misconduct, regardless of when
such misconduct took place. The Commission's adjudication of any such
complaint will be based solely on the record developed in that
proceeding. Except as expressly provided in this Consent Decree, this
Consent Decree shall not prevent the Commission from investigating new
evidence of noncompliance by PTI Pacifica with the Act, the Rules, or
10. Voluntary Contribution. PTI Pacifica agrees that it will make a
voluntary contribution to the United States Treasury in the amount of
ninety thousand dollars ($90,000). The payment will be made within
thirty (30) days after the Effective Date. The payment must be made by
credit card, check or similar instrument, payable to the order of the
Federal Communications Commission. The payment must include the
Account Number and FRN Number referenced in the caption to the
Adopting Order. Payment by check or money order may be mailed to
Federal Communications Commission, P.O. Box 979088, St. Louis, MO
63197-9000. Payment by overnight mail may be sent to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For
payment by credit card, an FCC Form 159 (Remittance Advice) must be
submitted. When completing the FCC Form 159, enter the Account number
in block number 23A (call sign/other ID), and enter the letters "FORF"
in block number 24A (payment type code). PTI Pacifica will also send
electronic notification to Linda.Nagel@fcc.gov and
Kathy.Berthot@fcc.gov on the date said payment is made.
11. Withdrawal of Pending Petitions for Reconsideration. On May 2, 2007,
PTI Pacifica and its affiliated ILEC MTC filed separate Petitions for
Reconsideration of the GTE Pacifica Order. PTI Pacifica and MTC both
agree to withdraw their respective petitions within 10 days after the
12. Waivers. PTI Pacifica 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
or the Adopting Order, provided the Bureau issues an Adopting Order
adopting the Consent Decree without change, addition, modification, or
deletion. PTI Pacifica shall retain the right to challenge Commission
interpretation of the Consent Decree or any terms contained herein. 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
PTI Pacifica nor the Commission shall contest the validity of the
Consent Decree or the Adopting Order, and PTI Pacifica shall waive any
statutory right to a trial de novo. PTI Pacifica, however, may present
evidence that it has not violated the Consent Decree. In addition,
nothing in this Consent Decree shall preclude PTI Pacifica from
petitioning the Commission for relief as to future obligations under
Part 52 of the Rules. PTI Pacifica hereby agrees to waive any claims
it may otherwise have under the Equal Access to Justice Act, 5 U.S.C.
S: 504 and 47 C.F.R. S: 1.1501 et seq., relating to the matters
addressed in this Consent Decree.
13. Invalidity. In the event that this Consent Decree in its entirety 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
14. Subsequent Rule or Order. The Parties agree that if any provision of
the Consent Decree conflicts with any subsequent rule or Order adopted
by the Commission (except an Order specifically intended to revise the
terms of this Consent Decree to which PTI Pacifica does not expressly
consent), that provision will be superseded by such Commission Rule or
15. Successors and Assigns. PTI Pacifica agrees that the provisions of
this Consent Decree shall be binding on its successors, assigns, and
16. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties. The
Parties further 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 noncompliance with the
requirements of the Act or the Rules or with the Commission's Orders.
The Parties agree that this Consent Decree is for settlement purposes
only and that by agreeing to this Consent Decree, PTI Pacifica does
not admit or deny noncompliance, violation or liability for violating
the Act or the Rules in connection with the matters that are the
subject of this Consent Decree.
17. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
18. Paragraph Headings. The headings of the Paragraphs in this Consent
Decree are inserted for convenience only and are not intended to
affect the meaning or interpretation of this Consent Decree.
19. Authorized Representatives. Each Party represents and warrants to the
other that it has full power and authority to enter into this Consent
20. Counterparts. This Consent Decree may be signed in any number of
counterparts (including by facsimile), each of which, when executed
and delivered, shall be an original, and all of which counterparts
together shall constitute one and the same fully executed instrument.
P. Michele Ellison
Executive Vice President
PTI Pacifica Inc.
Executive Vice President
Micronesian Telecommunications Corporation
47 C.F.R. S: 52.31.
47 U.S.C. S: 154(i).
47 C.F.R. S:S: 0.111, 0.311.
See Petition of GTE Pacifica, Inc. for Waiver and Extension of Time to
Implement Wireless Local Number Portability in the Commonwealth of the
Northern Mariana Islands, Petition of Choice Phone, LLC for Waiver and
Extension of Time to Implement Wireless Local Number Portability in the
Commonwealth of the Northern Mariana Islands, Petition of Guam Wireless
Telephone Co., LLC for Waiver and Extension of Time to Implement Wireless
Local Number Portability in the Commonwealth of the Northern Mariana
Islands, Order, 22 FCC Rcd 6619 (WTB, SCPD, 2007) ("GTE Pacifica Order"),
MTC is the incumbent local exchange carrier ("ILEC") for the Commonwealth
of the Northern Mariana Islands ("CNMI"), a self-governing commonwealth in
political union with and under the sovereignty of the United States of
47 U.S.C. S: 153(30); 47 C.F.R. S: 52.21(1).
Telephone Number Portability, CC Docket No. 95-116, First Memorandum
Opinion and Order on Reconsideration, 12 FCC Rcd 7236, 7314 P:137 (1997).
See GTE Pacifica Order.
See Telephone Number Portability, CC Docket No. 95-116, Petition for
Reconsideration of PTI Pacifica, Inc. (formerly known as GTE Pacifica,
Inc.), filed May 2, 2007 ("PTI Pacifica Reconsideration"); see also
Telephone Number Portability, CC Docket No. 95-116, Petition for
Reconsideration of Micronesian Telecommunications Corporation, filed May
2, 2007 ("MTC Reconsideration").
See supra note 6.
Federal Communications Commission DA 10-2146
Federal Communications Commission DA 10-2146