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Federal Communications Commission
Washington, DC 20554
In the Matter of Net One International, Inc. Net One, LLC Farrahtel
International, LLC ) ) ) ) ) ) ) File No. EB-TCD-12-00000418 NAL/Acct. No.
201232170002 FRN: 0004337556
MEMORANDUM OPINION and ORDER
Adopted: February 3, 2015 Released: February 3, 2015
By the Chief, Telecommunications Consumers Division, Enforcement Bureau:
1. We deny the petition for reconsideration filed by Net One
International, Inc., Net One, LLC, and Farrahtel International, LLC,
(collectively, Net One or the Company) seeking reconsideration of a
forfeiture of $25,000 for failure to respond to a Federal
Communications Commission (FCC or Commission) order. The Enforcement
Bureau's (Bureau) finding of a violation was supported by sufficient
evidence and we affirm the forfeiture of $25,000.
2. The Bureau issued an Order of Forfeiture to Net One on January 15,
2014, (Order of Forfeiture) finding that the Company failed to respond
to a letter of inquiry sent to the Company on December 9, 2011.^
Specifically, the Order of Forfeiture imposed a monetary forfeiture of
$25,000 against Net One for willfully or repeatedly failing to comply
with a Commission order issued by the Bureau to produce certain
information and documents relating to a Bureau investigation.^ On
February 13, 2014, Net One sent the Bureau an e-mail (Petition for
Reconsideration) asking that it reconsider the Order of Forfeiture.^
3. Section 1.106(i) of the Commission's rules requires petitions for
reconsideration to be submitted to the Secretary of the Commission.^
That rule states that "[p]etitions submitted only by electronic mail
and petitions submitted directly to staff without submission to the
Secretary shall not be considered to have been properly filed."^
Additionally, the Commission grants petitions for reconsideration only
in limited circumstances. Section 405 of the Communications Act, as
amended, provides in relevant part that "[r]econsiderations shall be
governed by such general rules as the Commission may establish, except
that no evidence other than newly discovered evidence, evidence which
has become available only since the original taking of evidence . . .
shall be taken on any reconsideration."^ Absent "a material error or
omission in the underlying order," or unless a petitioner raises
"additional facts not known or not existing until after the
petitioner's last opportunity to present such matters,"
reconsideration is not warranted.^ Further, the petition must "state
with particularity the respects in which petitioner believes the
action taken . . . should be changed" and the specific form of relief
4. Net One failed to file the Petition for Reconsideration with the
Commission's Secretary, and failed to satisfy the requirements of
Section 405 of the Act. Specifically, there is no evidence that copy
of the Petition for Reconsideration was ever received by the
Commission's Secretary. Additionally, Net One failed to: (1) identify
any error or omission in the Order of Forfeiture; in fact, Net One
does not even assert that there was an error or omission; (2) assert
any additional facts that were not known or existing during the
relevant time for filing responses to the Notice of Apparent Liability
for Forfeiture^ affirmed by the Order of Forfeiture; and (3) identify
or even request any change in the Order of Forfeiture or state what
relief it seeks other than a general plea "for reconsideration
regarding the Order."^ Accordingly, we find Net One's petition for
reconsideration wholly deficient and providing no basis for
reconsidering our decision in the Order of Forfeiture.^
IV. ordering clauses
5. Accordingly, IT IS ORDERED, pursuant to Section 405 of the
Communications Act of 1934, as amended, 47 U.S.C. S 405 and Section
1.106 of the Commission's rules, 47 C.F.R. S 1.106, the Net One
International, Inc., Net One, LLC, and Farrahtel International, LLC
Petition for Reconsideration IS DENIED.
6. It is FURTHER ORDERED that the Order of Forfeiture IS AFFIRMED and
that pursuant to Section 503(b) of the Act, Net One International,
Inc., Net One, LLC, and Farrahtel International, LLC SHALL FORFEIT to
the U.S. Government the sum of $25,000.
7. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) calendar days after the
release date of this Memorandum Opinion and Order.^ If the forfeiture
is not paid within the period specified, the case may be referred to
the U.S. Department of Justice for enforcement of the forfeiture
pursuant to Section 504(a) of the Act.^ Net One International, Inc.,
Net One, LLC, and Farrahtel International, LLC shall send electronic
notification of payment to Johnny Drake at Johnny.Drake@fcc.gov on the
date said payment is made. The payment must be made by check or
similar instrument, wire transfer, or credit card, and must include
the NAL/Account number and FRN referenced above. Regardless of the
form of payment, a completed FCC Form 159 (Remittance Advice) must be
submitted.^ When completing the FCC Form 159, Net One International,
Inc., Net One, LLC, and Farrahtel International, LLC shall enter the
Account Number in block number 23A (call sign/other ID) and enter the
letters "FORF" in block number 24A (payment type code). Below are
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank-Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete
the wire transfer and ensure appropriate crediting of the wired funds,
a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S.
Bank-Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza,
St. Louis, MO 63101.
Any request for full payment under an installment plan should be sent to:
Chief Financial Officer--Financial Operations, Federal Communications
Commission, 445 12th Street, SW, Room 1-A625, Washington, DC 20554.^ If
Net One International, Inc.,Net One, LLC, or Farrahtel International, LLC
have questions regarding payment procedures, it should contact the
Financial Operations Group Help Desk by phone, 1-877-480-3201, or by
8. IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order
shall be sent by Certified Mail Return Receipt Requested and First
Class Mail to Net One International, Inc., Net One, LLC, and Farrahtel
International, LLC, Attention: Thomas Gainor, Moffa, Gainor, and
Sutton, PA, One Financial Plaza, Suite 2202, 100 Southeast Third Ave.,
Fort Lauderdale, FL 33394.
FEDERAL COMMUNICATIONS COMMISSION
Richard A. Hindman
Telecommunications Consumers Division
^ This case was formerly assigned the file number EB-11-TC-063. In January
2012, the Telecommunications Consumers Division assigned the case a new
^ Net One International, et al, Order of Forfeiture, 29 FCC Rcd 264 (Enf.
Bur. 2014) (Order of Forfeiture).
^ See e-mail from Thomas Gainor, Net One Counsel, Moffa, Gainor & Sutton
PA, to Mika Savir, Attorney, Telecommunications Consumers Division, FCC
Enforcement Bureau (Feb. 13, 2014, 6:56 PM) (on file in
EB-TCD-12-00000418) (Petition for Reconsideration).
^ 47 C.F.R. S 1.106(i).
^ 47 U.S.C. S 405.
^ USA Teleport, Inc., Memorandum Opinion and Order, 26 FCC Rcd 6431, 6433,
para. 8 (Enf. Bur. 2011) (USA Teleport); Christian Family Network, Inc.,
Memorandum Opinion and Order, 23 FCC Rcd 18369, 18371, para. 8 (Enf. Bur.
2008) (Christian Family Network).
^ 47 C.F.R. S 1.106(d)(1).
^ Net One International, et al., Notice of Apparent Liability for
Forfeiture and Order, 26 FCC Rcd 16493 (Enf. Bur. 2011).
^ See e-mail from Thomas Gainor to Mika Savir, Attorney,
Telecommunications Consumers Division, FCC Enforcement Bureau (Feb. 13,
2014, 6:56 PM).
^ In its petition Net One references a separate pending investigation
against the Company asserting that it had filed "tax returns and financial
statements in that matter that demonstrate the severe financial
constraints" of the Company. See e-mail from Thomas Gainor to Mika Savir,
Attorney, Telecommunications Consumers Division, FCC Enforcement Bureau
(Feb. 13, 2014, 6:56 PM). Other than this general reference; however, Net
One never asks that we reconsider our decision based on an inability to
pay. Notwithstanding this deficiency, we decline to reconsider our
conclusion in the Order of Forfeiture not "to reduce or cancel the
forfeiture based on Net One's ability to pay. Net One Forfeiture Order, 29
FCC Rcd at 267, para. 8. As we said in the Order of Forfeiture, the "Net
One NAL was clear on the standard of review for considering a reduction or
cancellation of the proposed forfeiture based on an inability to pay" and
Net One failed to meet that standard. Reference in Net One's petition for
reconsideration to a separate enforcement investigation where Net One
filed tax returns (1) is not newly discovered information that would
qualify for consideration here, (see 47 U.S.C. S 405(a); see also 47
C.F.R. S 1.106(c)(1)), and (2) we decline to exercise our discretion here
to reconsider Net One's ability to pay on our own motion.
^ 47 C.F.R. S 1.80.
^ 47 U.S.C. S 504(a).
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
^ See 47 C.F.R. S 1.1914.
(Continued from previous page)
Federal Communications Commission DA 15-151
Federal Communications Commission DA 15-151