Footnote 1 Excel Telecommunications, Inc. is located at 9101 LBJ Freeway, Suite 800, Dallas, Texas 75243. Kenny Troutt is the Chairman, President and Chief Executive Officer.
Footnote 2 47 C.F.R. § 64.1100; Investigation of Access and Divestiture Related Tariffs, CC Docket 83-1145, Phase 1, 101 FCC 2d 911 (1985) (Allocation Order); recon. denied, 102 FCC 2d 503 (1985)(Reconsideration Order); Investigation of Access and Divestiture Related Tariffs, CC Docket 83-1145, Phase 1, 101 FCC 2d 935 (1985) (Waiver Order).
Footnote 3 See supra proceedings cited at note 2.
Footnote 4 Equal access for interexchange carriers ("IXCs") is that which is equal in type, quality and price to the access to local exchange facilities provided to AT&T and its affiliates. United States v. American Tel. & Tel., 552 F. Supp. 131, 227 (D.D.C. 1982), aff'd sub nom. Maryland v. United States, 460 U.S. 1001 (1983) (Modification of Final Judgement or "MFJ"). "Equal access allows end users to access facilities of a designated [IXC] by dialing '1' only." Allocation Order, 101 FCC 2d at 911.
Footnote 5 Presubscription is the process by which each customer selects one primary interexchange carrier ("PIC"), from among several available carriers, for the customer's phone line(s). Allocation Order, 101 FCC 2d at 911, 928. Thus, when a customer dials "1", only the customer accesses the primary IXC's services. An end user can also access other IXCs by dialing a five-digit access code (10XXX). Id. at 911.
Footnote 6 Pursuant to the MFJ, the Bell Operating Companies (BOCs) were ordered to provide, where technically feasible, equal access to their customers by September 1986. Id.
Footnote 7 An LOA is a document, signed by the customer, which states that the customer has selected a particular carrier as that customer's primary long distance carrier. Allocation Order, 101 FCC 2d at 929.
Footnote 8 Waiver Order, 101 FCC 2d at 942.
Footnote 9 Policies and Rules Concerning Changing Long Distance Carriers, 7 FCC Rcd 1038-39 (1992) (PIC Change Order).
Footnote 10 See 47 C.F.R. § 64.1100; PIC Change Order, 7 FCC Rcd at 1045.
Footnote 11 Policies and Rules Concerning Unauthorized Changes of Consumers' Long Distance Carriers, FCC 95-225 (June 14, 1995) (LOA Order).
Footnote 12 See LOA Order, FCC 95-225 at para. 27. Checks that serve as an LOA are excepted from the "separate or severable" requirement so long as the check contains certain information clearly indicating that endorsement of the check authorizes a PIC change and otherwise complies with the Commission's LOA requirements. Id. at para. 25.
Footnote 13 See id. at para. 10.
Footnote 14 See id. at para. 11. "Negative option" LOAs require consumers to take some action to avoid having their long distance telephone service changed.
Footnote 15 See id. at para. 40.
Footnote 16 Bruce Adelman, Informal Complaint No. 95-10834; Mrs. Robert J. Blake, Informal Complaint No. 95-02575.
Footnote 17 Bruce Adelman, Informal Complaint No. 95-10834; Mrs. Robert J. Blake, Informal Complaint No. 95-02575.
Footnote 18 See, e.g., Official Notice of Informal Complaint, Complaint No. 95-10834.
Footnote 19 See, e.g., Excel Response to Informal Complaint No. 95-10834 at 7 (Excel Adelman Response); Excel Response to Informal Complaint No. 95-02575 at 7 (Excel Blake Response).
Footnote 20 See, e.g., Excel Adelman Response at 5; Excel Blake Response at 5.
Footnote 21 47 U.S.C. § 503(b)(2)(B).
Footnote 22 Id. § 503(b)(2)(D).
Footnote 23 See 47 U.S.C. § 503(b)(4)(C); 47 C.F.R. § 1.80(f)(3).
Footnote 24 PJB Communications of Virginia, 7 FCC Rcd 2088, 2089 (1992) (finding that forfeitures of $5,000 and $3,000 assessed against two jointly owned and operated paging companies were not excessive because the total forfeiture amount ($8,000) represented approximately 2.02 percent of the companies' combined gross revenues of $395,469). See also David L. Hollingsworth d/b/a Worland Services, 7 FCC Rcd 6640 (Com. Car. Bur. 1992) ($6,000 forfeiture representing approximately 1.21 percent of licensee's 1991 gross revenues and approximately 1.34 percent of projected 1992 gross revenues not found to be excessive); Afton Communications Corp., 7 FCC Rcd 6741 (Com. Car. Bur. 1992) ($6,000 forfeiture representing approximately 3.91 percent of 1990 gross revenues and 2.75 percent of projected 1992 gross revenues not found to be excessive).
Footnote 25 The forfeiture amount should be paid by check or money order drawn to the order of the Federal Communications Commission. Reference should be made on Excel Telecommunications, Inc.'s check or money order to "NAL/Acct. No. 516EF0005." Such remittances must be mailed to Forfeiture Collection Section, Finance Branch, Federal Communications Commission, P.O. Box. 73482, Chicago, Illinois 60673-7482.