Footnote 1 Interstate Savings, Inc. is a Pennsylvania corporation registered in the District of Columbia. Its business address is 1015 18th Street, N.W. - Suite 505, Washington, D.C. 20036. Matthew Freedman is President and Director.

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 Knicely & Cotorceanu, Informal Complaint File No. 95-11136.

Footnote 17 Id. at Affidavit of Marney S. Haven (Haven Affidavit).

Footnote 18 Haven Affidavit at 1.

Footnote 19 Id.

Footnote 20 Id.

Footnote 21 Id. at 2.

Footnote 22 Id.

Footnote 23 Id.

Footnote 24 Id.

Footnote 25 Id.

Footnote 26 Although not specifically mentioned in Haven's affidavit, K&C had other telephone lines designating TeleFiber Net as the long distance provider and these lines were also apparently switched to ISI on February 6, 1995. See Letter from Wayne A. Mill to Connie Theirse, dated July 12, 1995.

Footnote 27 Haven Affidavit at 2.

Footnote 28 Id.

Footnote 29 Id.

Footnote 30 Id. at 2-3. Haven also points out that the box on the form for accounting codes is checked "no" and that K&C always uses accounting codes in order to bill clients. Id. at 3.

Footnote 31 47 U.S.C. 503(b)(2)(B).

Footnote 32 Id. 503(b)(2)(D).

Footnote 33 See 47 U.S.C. 503(b)(4)(C); 47 C.F.R. 1.80(f)(3).

Footnote 34 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 35 The forfeiture amount must be paid by check or money order drawn to the order of the Federal Communications Commission. Reference should be made on Interstate Savings, Inc. d/b/a ISI Telecommunications check or money order to "NAL/Acct. No. 516EF0004." Such remittances must be mailed to Forfeiture Collection Section, Finance Branch, Federal Communications Commission, P.O. Box. 73482, Chicago, Illinois 60673-7482.