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


                        )                             
                                                      
                        )                             
                             File No.: EB-09-IH-1946  
     In the Matter of   )                             
                             Acct. No.: 201232080014  
     StanaCard, LLC     )                             
                             FRN: 0018463380          
                        )                             
                                                      
                        ))                            


                                     ORDER

   Adopted: February 22, 2012 Released: February 22, 2012

   By the Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered between
       the Enforcement Bureau (Bureau) of the Federal Communications
       Commission (Commission) and StanaCard, LLC (StanaCard). The Consent
       Decree terminates an investigation by the Bureau against StanaCard for
       possible violations of Sections 214 and 225 of the Communications Act
       of 1934, as amended (Act) and Sections 63.18, 64.604(c)(5)(iii)(A),
       and 64.1195(a) of the Commission's rules (Rules) concerning
       authorization to provide facilities-based and resold international
       common carrier communications services, contributions to the
       Telecommunications Relay Services Fund, and registration with the
       Commission.

    2. A copy of the Consent Decree negotiated by the Bureau and StanaCard is
       attached hereto and incorporated herein 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 StanaCard 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 Act
       and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached
       to this Order IS ADOPTED.

    6. IT IS FURTHER ORDERED that the above-captioned investigation IS
       TERMINATED.

    7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
       shall be sent by certified mail, return receipt requested, to Mr.
       Cheng Yi Liu, Esq., Counsel to StanaCard, LLC, Law Offices of Thomas
       K. Crowe, P.C., 1250 24th Street, NW, Suite 300, Washington DC 20037.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                            
                                                     
                        )                            
                            File No.: EB-09-IH-1946  
     In the Matter of   )                            
                            Acct. No.: 201232080014  
     StanaCard, LLC     )                            
                            FRN: 0018463380          
                        )                            
                                                     
                        )                            


                                 CONSENT DECREE

    1. The Enforcement Bureau of the Federal Communications Commission and
       StanaCard, LLC, by their authorized representatives, hereby enter into
       this Consent Decree for the purpose of terminating the Bureau's
       investigation into whether the Company violated Sections 214 and 225
       of the Communications Act of 1934, as amended, and Sections 63.18,
       64.604(c)(5)(iii)(A), and 64.1195(a) of the Commission's rules,
       concerning authorization to provide facilities-based and resold
       international common carrier communications services, contributions to
       the Telecommunications Relay Services Fund, and registration with the
       Commission.

   I. DEFINITIONS

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

    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
       Commission.

    d. "Commission" and "FCC" mean the Federal Communications Commission and
       all of its bureaus and offices.

    e. "Communications Laws" means collectively, the Act, the Rules, and the
       published and promulgated orders and decisions of the Commission to
       which StanaCard is subject by virtue of its business activities.

    f. "Compliance Officer" means the individual designated as the person
       responsible for administration of the Compliance Plan.

    g. "Compliance Plan" means the compliance obligations and program
       described in this Consent Decree at paragraph 12.

    h. "Effective Date" means the date on which the Commission releases the
       Adopting Order.

    i. "Investigation" means the investigation commenced by the Bureau in
       response to StanaCard's disclosure e-mail of August 20, 2009,
       regarding the Company's compliance with Section 214 of the Act and
       Part 63 of the Rules concerning StanaCard's obligation to obtain
       Commission authorization before providing facilities-based or resold
       international common carrier services, compliance with Part 64 of the
       Rules regarding registration by interstate telecommunications
       carriers, and compliance with Section 225 of the Act and Part 64 of
       the Rules regarding interstate telecommunication carrier contributions
       to the TRS Fund.

    j. "Parties" means StanaCard and the Bureau, each of which is a "Party."

    k. "Rules" means the Commission's regulations found in Title 47 of the
       Code of Federal Regulations.

    l. "StanaCard" or the "Company" means StanaCard, LLC and its
       predecessors-in-interest and successors-in-interest.

    m. "TRS Fund" means Telecommunications Relay Services Fund.

   II. BACKGROUND

    3. Section 214(a) of the Act prohibits any carrier from constructing,
       extending, acquiring, or operating any line, and from engaging in
       transmission through any such line, without first obtaining a
       certificate of authorization from the Commission. While the Commission
       has granted "blanket" Section 214 authority to carriers providing
       domestic service, meaning that such carriers need not apply to the
       Commission for such authority before providing domestic service, the
       Commission has not done the same for providers of international
       telecommunications services. Section 63.18 of the Rules requires any
       carrier that seeks Section 214 authority "for provision of common
       carrier communication services between the United States, its
       territories or possessions, and a foreign point" to request such
       authority by application. The application requirement applies to
       carriers that provide facilities-based service or that resell the
       service of another authorized carrier.

    4. The Commission has been charged by Congress to establish, administer
       and maintain various telecommunications regulatory programs, and to
       fund these programs through assessments on the telecommunications
       providers that benefit from them. To accomplish these goals, the
       Commission established "a central repository of key facts about
       carriers" through which it monitors the entry and operation of
       interstate telecommunications providers to ensure, among other things,
       that they are qualified to provide telecommunications service, do not
       engage in fraud, and do not evade oversight. The Rules require that
       upon entry or anticipated entry into interstate telecommunications
       markets, telecommunications carriers register by submitting
       information on FCC Form 499-A, also known as the Annual
       Telecommunications Reporting Worksheet (Annual Worksheet or Form
       499-A).

    5. Section 225(b)(1) of the Act, which codifies Title IV of the Americans
       with Disabilities Act of 1990, directs the Commission to "ensure that
       interstate and intrastate telecommunications relay services are
       available, to the extent possible and in the most efficient manner, to
       hearing-impaired and speech-impaired individuals in the United
       States." To that end, the Commission established the TRS Fund to
       reimburse TRS providers for the costs of providing interstate
       telecommunications relay services. Pursuant to Section
       64.604(c)(5)(iii)(A) of the Rules, every provider of interstate
       telecommunications services must contribute to the TRS Fund based upon
       its end-user revenues.

    6. StanaCard, a Delaware limited liability company, is a resale provider
       primarily of international pre-paid telecommunications services. On
       August 20, 2009, StanaCard disclosed to the Bureau that it apparently
       had failed to comply with Sections 214 of the Act and Sections 63.18
       and 64.1195(a) of the Rules because it had failed to obtain
       authorization for the provision of international common carrier
       communications services, and it had not timely registered with the
       Commission. In response, the Bureau launched an investigation.

    7. StanaCard registered with the Commission in February 2009, 23 months
       after it commenced service. The Company made its 2008 contribution to
       the TRS Fund approximately nine months late, and filed an application
       for international Section 214 authorization 27 months after it had
       started offering international service. On February 01, 2010, the
       International Bureau of the Commission granted StanaCard's application
       for the provision of global facilities-based and global resale
       services.

   III. TERMS OF AGREEMENT

    8. 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.

    9. Jurisdiction. StanaCard agrees that the Bureau has jurisdiction over
       it and the matters contained in this Consent Decree and has the
       authority to enter into and adopt this Consent Decree.

   10. 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 order.

   11. 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, StanaCard 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 of the
       Consent Decree, or the existence of this Consent Decree, to institute,
       on its own motion, any new proceeding, formal or informal, or take any
       action on its own motion against StanaCard 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 the Investigation through the Effective Date of this
       Consent Decree, or the existence of this Consent Decree, to institute
       on its own motion any proceeding, formal or informal, or take any
       action on its own motion against StanaCard with respect to StanaCard's
       basic qualifications, including its character qualifications, to be a
       Commission licensee or hold Commission authorizations.

   12. Compliance Plan. StanaCard agrees that it will implement a
       comprehensive Compliance Plan for the purpose of ensuring its
       compliance with the Communications Laws. The Compliance Plan shall
       include, at a minimum, the following components:

     a. Compliance Officer. StanaCard shall designate a Compliance Officer,
        as defined in paragraph two of this Consent Decree, within thirty
        (30) calendar days of the Effective Date. The Compliance Officer
        shall administer the Compliance Plan, supervise StanaCard's
        compliance with the Communications Laws, and serve as the point of
        contact on behalf of StanaCard for all FCC-related compliance
        matters.

     b. Compliance Manual. Within sixty (60) calendar days of the Effective
        Date, the Compliance Officer shall develop and distribute a
        Compliance Manual to StanaCard employees and others who perform
        StanaCard's federal regulatory reporting and compliance-related
        tasks, all of whom shall follow the procedures detailed in the
        Compliance Manual. The Compliance Manual will include at a minimum
        (i) an overview of the Commission's requirements, including the need
        for international Section 214 authorization prior to providing
        international common carrier telecommunications services; (ii) a
        description of the regulatory requirements applicable to the accurate
        and timely contributions to the TRS Fund pursuant to Section 225 of
        the Act and Section 64.604 of the Rules; and (iii) instructions
        regarding the Commission's registration requirement pursuant to
        Section 64.1195 of the Rules, including the obligation to notify the
        Commission of any changes to the information required as part of
        registration.

     c. Compliance Training Program. Within ninety (90) calendar days of the
        Effective Date, and annually thereafter, StanaCard shall implement
        and conduct a training program for all employees who perform duties
        at StanaCard that trigger or may trigger compliance-related
        responsibilities. StanaCard shall ensure that training and compliance
        materials are provided to new and reassigned employees who are
        responsible for fulfilling those obligations within the first thirty
        (30) calendar days of employment or reassignment.

     d. Review and Monitoring. StanaCard shall review the Compliance Manual
        and Compliance Training Program at least annually to ensure they are
        maintained in a proper manner and continue to address StanaCard's
        compliance with federal regulatory reporting obligations. StanaCard
        shall update the Compliance Manual and Compliance Training Program in
        the event of changes and/or additions to the Communications Laws.

     e. Compliance Reports. StanaCard shall file compliance reports with the
        Commission ninety (90) calendar days after the Effective Date, twelve
        (12) months after the Effective Date, twenty-four (24) months after
        the Effective Date, and upon expiration of this Compliance Plan,
        thirty-six  (36) months after the Effective Date. Each compliance
        report shall include a compliance certificate from the Compliance
        Officer, as an agent of and on behalf of the Company, stating that
        the Compliance Officer has personal knowledge that the Company: (i)
        has established operating procedures intended to ensure compliance
        with the terms and conditions of this Consent Decree and Sections 214
        and 225 of the Act and Sections 63.18, 64.604(c)(5)(iii)(A), and
        64.1195(a) of the Rules,  together with an accompanying statement
        explaining the basis for the Compliance Officer's 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 the Company, shall provide the
        Commission with a detailed explanation of: (i) any instances of
        non-compliance with this Consent Decree and Sections 214 and 225 of
        the Act and Sections 63.18, 64.604(c)(5)(iii)(A), and 64.1195(a) of
        the Rules, and (ii) the steps that the Company 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,
        Investigations and Hearings Division, Enforcement Bureau, Federal
        Communications Commission, Room 4-C330, 445 12th Street, S.W.,
        Washington, D.C. 20554, with a copy submitted electronically to
        Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov, Pamela S. Kane at
        Pamela.Kane@fcc.gov and to Robert B. Krinsky at
        Robert.Krinsky@fcc.gov.

     f. Reporting Non-Compliance.  StanaCard shall report any non-compliance
        with this Consent Decree, Sections 214 and 225 of the Act, Parts 63
        and 64 of the Rules, and related Commission orders to the Bureau
        within 30 calendar days after the discovery of non-compliance.

     g. Termination Date of Compliance Plan.  The requirements relating to
        the Compliance Plan shall expire three (3) years after the Effective
        Date, unless stated otherwise.

   13. 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 StanaCard 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 StanaCard with the Communications Laws.

   14. Voluntary Contribution.  StanaCard agrees that it will make a
       voluntary contribution to the United States Treasury in the amount of
       one hundred thirty-six thousand dollars ($136,000.00), with an initial
       payment of thirty-six thousand dollars ($36,000.00) and four (4)
       quarterly installment payments of twenty-five thousand dollars
       ($25,000.00) paid over the course of a twelve-month period. The
       initial payment of $36,000.00 shall be made within thirty (30)
       calendar days of the Effective Date. The first $25,000 installment
       shall be made within one hundred twenty (120) calendar days of the
       Effective Date, the second $25,000 installment shall be made within
       two hundred ten (210) calendar days of the Effective Date, the third
       $25,000 installment shall be made within three hundred (300) calendar
       days of the Effective Date, and the fourth $25,000 installment shall
       be made within three hundred ninety (390) calendar days of the
       Effective Date. The payments must include the Account Number and FRN
       referenced in the caption to the Adopting Order. Payments by check or
       money Order may be mailed to the Federal Communications Commission,
       P.O. Box 979088, St. Louis, MO 63197-9000. Payments by overnight mail
       may be sent to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL,
       1005 Convention Plaza, St. Louis, MO 63101. Payments by wire transfer
       may be made to ABA Number 021030004, receiving bank TREAS/NYC, and
       account number 27000001. For payments 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). StanaCard shall send electronic notification of each
       installment payment to Robert B. Krinsky at Robert.Krinsky@fcc.gov on
       the dates payments are made.

   15. Waivers.  StanaCard 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 Bureau issues an Adopting Order,
       adopting the Consent Decree without change, addition, modification, or
       deletion. StanaCard 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
       StanaCard nor the Commission shall contest the validity of the Consent
       Decree or the Adopting Order, and StanaCard shall waive any statutory
       right to a trial de novo. StanaCard hereby agrees to waive any claims
       it may 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.

   16. 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
       proceeding.

   17. 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 StanaCard does not expressly
       consent) that provision will be superseded by such Commission Rule or
       Order.

   18. Successors and Assigns. StanaCard agrees that the provisions of this
       Consent Decree shall be binding on its successors, assigns, and
       transferees.

   19. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties with
       respect to the matters set forth herein. 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
       Communications Laws.

   20. Modifications. This Consent Decree cannot be modified without the
       advance written consent of both Parties.

   21. 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.

   22. Authorized Representative.  The individual signing this Consent Decree
       on behalf of StanaCard represents and warrants that he is authorized
       by StanaCard to execute this Consent Decree and to bind StanaCard to
       the obligations set forth herein. The FCC signatory represents that
       she is signing this agreement in her official capacity and that she is
       authorized to execute this Consent Decree.

   23. 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                  
                                         
     Chief                               
                                         
     Enforcement Bureau                  
                                         
     Federal Communications Commission   
                                         
     ________________________________    
                                         
     Date                                
                                         
     ________________________________    
                                         
     Manlio Carrelli                     
                                         
     Chief Executive Officer             
                                         
     StanaCard, LLC                      
                                         
     ________________________________    
                                         
     Date                                


   47 U.S.C. S:S: 214, 225.

   47 C.F.R. S:S: 63.18, 64.604(c)(5)(iii)(A), 64.1195(a).

   47 U.S.C. S: 154(i).

   47 C.F.R. S:S: 0.111, 0.311.

   47 U.S.C. S:S: 214, 225.

   47 C.F.R. S:S: 63.18, 64.604(c)(5)(iii)(A), 64.1195(a).

   E-mail from Thomas K. Crowe, Partner, Law Offices of Thomas K. Crowe,
   P.C., Counsel to StanaCard, LLC, to Trent B. Harkrader, Deputy Chief,
   Investigations & Hearings Division, FCC Enforcement Bureau (Aug. 20, 2009,
   17:50 EDT).

   47 U.S.C. S:S: 214, 225; 47 C.F.R. Parts 63-64.

   47 U.S.C. S: 214(a).

   47 C.F.R. S: 63.01(a) ("Any party that would be a domestic interstate
   communications common carrier is authorized to provide domestic,
   interstate services to any domestic point and to construct or operate any
   domestic transmission line as long as it obtains all necessary
   authorizations from the Commission for use of radio frequencies.").

   See Implementation of Section 402(b)(2)(A) of the Telecomm. Act of 1996,
   Report and Order in CC Docket No. 97-11, Second Memorandum Opinion & Order
   in AAD File No. 98-43, 14 FCC Rcd 11364, para. 2 (1999) ("Specifically, we
   grant `blanket' entry certification to all carriers seeking to construct,
   operate, or engage in transmission over domestic lines of communication,
   to the extent such authority is required under the statute.").

   47 C.F.R. S: 63.18.

   Id. S: 63.18(e)(1)-(2).

   See Implementation of the Subscriber Carrier Selection Changes Provisions
   of the Telecommunications Act of 1996, Third Report and Order and Second
   Order on Reconsideration, 15 FCC Rcd 15996, 16024-26, paras. 59-62 (2000)
   (Carrier Selection Order).

   47 C.F.R. S: 64.1195. See also FCC Form 499-A Telecommunications Reporting
   Worksheet  - Annual Filing, available at
   http://transition.fcc.gov/Forms/Form499-A/499a-2008.pdf (February 2008).

   47 U.S.C. S: 225(b)(1).

   See Telecommunications Relay Services and the Americans with Disabilities
   Act of 1990, Third Report and Order, 8 FCC Rcd 5300, 5301, para. 7 (1993).
   Telecommunications relay services enable persons with hearing and speech
   disabilities to communicate by telephone with voice-telephone users. Such
   services provide telephone access to a significant number of Americans
   who, without it, might not be able to make calls to or receive calls from
   voice-telephone users. See Telecommunications Relay Services and
   Speech-to-Speech Services for Individuals with Hearing and Speech
   Disabilities, Report and Order, 15 FCC Rcd 5140, 5143 P: 5 (2000). See
   also 64.601(a)(21)(definition of "telecommunications relay services").

   47 C.F.R. S: 64.604(c)(5)(iii)(A).

   47 U.S.C. S:S: 214, 225.

   47 C.F.R. S:S: 63.18, 64.604(c)(5)(iii)(A), 64.1195(a).

   See supra note 3.

   See IBFS File No. ITC-214-20090624-00301.

   International Authorizations Granted, Public Notice, 25 FCC Rcd 1860
   (FCC/IB 2010). During the pendency of this application for international
   Section 214 authorization, StanaCard was granted special temporary
   authority to provide international service. See IBFS File Nos.
   ITC-STA-20090625-00304, ITC-STA-20090902-00407, ITC-STA-20091106-00467,
   ITC-STA-20100105-00005.

   47 C.F.R. S: 64.1195(g).

   47 U.S.C. S:S: 214, 225.

   47 C.F.R. S:S: 63.18, 64.604(c)(5)(iii)(A), 64.1195(a).

   Id. S: 1.16.

   47 U.S.C. S:S: 214, 225.

   47 C.F.R. S:S: 63.18, 64.604(c)(5)(iii)(A), 64.1195(a).

   Federal Communications Commission DA 12-8

   2

                                       2

   Federal Communications Commission DA 12-8

   Federal Communications Commission DA 12-8

                                       8

   Federal Communications Commission DA 12-8