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                                     Before the                
FCC 04M-08
              FEDERAL COMMUNICATIONS COMMISSION
                   Washington, D.C.  20554

In the Matter of                )   EB Docket No. 03-85
                               )
BUSINESS OPTIONS, INC.          )   File No. EB-02-TC-151
                               )
Order to Show Cause and Notice  )   NAL/Acct. No. 200332170002
of                              )   FRN:  0007179054
Opportunity for Hearing         )



                        CONSENT ORDER

Issued:  February 18, 2004            Released:  February 20, 
                             2004

     This is a ruling on Joint Request for Adoption of 
Consent Decree and Termination of Proceeding, filed on 
February 17, 2004, by the Enforcement Bureau (``Bureau'') and 
Business Options, Inc. (``BOI'') in accordance with §§ 1.93 
and 1.94 of the Commission's rules [47 C.F.R. §§ 1.93, 
1.94].1

     This proceeding was set for hearing by Order to Show 
Cause and Notice of Opportunity for Hearing, 18 F.C.C. Rcd 
6881, released April 7, 2003 (``OSC'').  Issues were 
specified to determine whether BOI had made 
misrepresentations or engaged in lack of candor (Issue a); to 
determine whether BOI had changed consumers' preferred 
carrier without their authorization in willful or repeated 
violation of § 258 of the Communications Act of 1934, as 
amended (the ``Act'') and §§ 64.1100-1190 of the Commission's 
rules
 (Issue b); to determine whether BOI had failed to file FCC 
Form 499-A in willful or repeated violation of § 64.1195 of 
the Commission's rules (Issue c); to determine whether BOI 
had discontinued service without Commission authorization in 
willful or repeated violation of § 214 of the Act and §§ 
63.71 and 63.505 of the Commission's rules (Issue d); to 
determine whether BOI's authorization pursuant to § 214 of 
the Act to operate as a common carrier should be revoked 
(Issue e); and to determine whether the BOI and/or its 
principals should be ordered to cease and desist from the 
provision of any interstate common carrier services without 
the prior consent of the Commission (Issue f).  See OSC, 18 
F.C.C. Rcd at 6894 (¶ 36).  
     If it were shown that BOI willfully or repeatedly 
violated the provisions of the Act or the Commission's rules 
noted above, then it would further be determined whether a 
forfeiture, in the maximum amount of $80,000 for each 
unauthorized conversion of listed complainants' long distance 
service, $3,000 for the failure to file a sworn statement, 
and $120,000 for the unauthorized discontinuance of service, 
should be imposed.  See OSC, 
18 F.C.C. Rcd at 6894-95 (¶ 39).

     By Memorandum Opinion and Order, FCC 03M-33, released 
August 20, 2003 (``MO&O''), additional issues were specified 
to determine whether BOI and its related entities, Buzz 
Telecom Corp. (``Buzz''), U.S. Bell and/or Link Technologies 
(collectively, ``U.S. Bell'') failed to make required 
universal service contributions in violation of 
§ 254(d) of the Act and § 54.706 of the Commission's rules 
(Issue g); to determine 
whether BOI, Buzz and/or U.S. Bell had failed to make 
required contributions to the Telecommunications Relay 
Services Fund in violation of § 64.604(c)(5)(iii)(A) of the 
Commission's rules (Issue h); and to determine whether BOI, 
Buzz and/or U.S. Bell 
failed to file Telecommunications Reporting Worksheets 
(``Worksheets'') in violation of 
§§ 54.711, 54.713 and 64.604(c)(iii)(B) of the Commission's 
rules (Issue i).  In addition, 
if it were shown that BOI, Buzz and/or U.S. Bell willfully or 
repeatedly violated the provisions of the Act or the 
Commission's rules noted above, then it would further be 
determined whether a forfeiture, in the amount of $115,533.52 
for the failures to make required universal service 
contributions, $10,000 for each failure to timely file 
Worksheets, and $10,000 for each failure to make required 
contributions to the TRS Fund (Issue j) should be imposed.  
Memorandum Opinion and Order, FCC 03M-33 at 4 (¶ 10), 
clarified, Memorandum Opinion and Order, FCC 03M-57, released 
December 23, 2003, and clarification Order, FCC 04M-04, 
released January 30, 2004.

     By Memorandum Opinion and Order, FCC 03M-54, released 
December 9, 2003, Issues b, c and d were resolved by summary 
decision against BOI.  By Memorandum Opinion and Order, FCC 
03M-58, released December 24, 2003, Issues g, h, and i were 
resolved against BOI, Buzz and U.S. Bell.  See 47 C.F.R. § 
1.94 (f) (consent decree provisions shall not effect 
procedures for resolving issues by summary decision after 
hearing designation.  There were no findings of 
misrepresentation or lack of candor, or of any case 
dispositive issue in connection with either of these summary 
decisions.


                       Public Interest

     BOI, its affiliates (Buzz and U.S. Bell) and their 
management company, Avatar Enterprises, Inc. (collectively, 
the ``Companies''),2 and the Bureau have entered into a 
Consent Decree which would resolve all of the issues.  
Approval of the Consent Decree authorizes terminating this 
proceeding. 
     Approval of the Consent Decree will further the public 
interest by securing repayment of BOI's universal service 
debt, adequately sanctioning BOI for the violations cited in 
the summary decisions, and instituting a compliance plan that 
will ensure that BOI remains current with its universal 
service and TRS obligations and that will ensure compliance 
with the Commission's slamming and reporting requirements, in 
exchange for the prompt disposition of this proceeding's 
remaining issues.  In addition, the Consent Decree requires 
BOI to make a voluntary payment (not a fine or a forfeiture) 
in the amount of $510,000 to the United States Treasury over 
four years.3 

     The Consent Decree will secure future compliance with 
the law by the Companies and their principals in exchange for 
the prompt disposition of this proceeding.  See 
§ 1.93(b) of the Commission's rules.  Accordingly, based upon 
a review and evaluation 
of the Consent Decree, it is concluded that the requirements 
of §§ 1.93 and 1.94 of the Commission's rules are satisfied, 
and that the public interest would be served by approval. 

     The Consent Decree is to be filed with the Secretary and 
placed on the public record by the effective date of this 
Consent Order.


                           Rulings

     IT IS ORDERED pursuant to § 1.94(d) of the Commission's 
rules, that the Consent Decree IS APPROVED. 

     IT IS FURTHER ORDERED pursuant to § 1.94(d) of the 
Commission's rules, that the record of this proceeding IS 
CLOSED.

     IT IS FURTHER ORDERED pursuant to § 1.94(b)(7) of the 
Commission's rules, that all of the issues specified in the 
Order to Show Cause and Notice of Opportunity for Hearing ARE 
RESOLVED.
     IT IS FURTHER ORDERED that pursuant to § 1.94(e) of the 
Commission's rules, the Joint Request for Adoption of Consent 
Decree and Termination of Proceeding IS GRANTED.4

                        FEDERAL COMMUNICATIONS COMMISSION5




                                              Richard L. 
Sippel
                            Chief Administrative Law Judge
_________________________

1  The parties submitted a draft Consent Order to the 
Presiding Judge for consideration in accordance with § 
1.94(b)(7).  The Consent Order provides for termination of 
the proceeding after the period prescribed for a Commission 
review sua sponte has expired.  See § 1.94(e) of the 
Commission's rules.  There has been no change, addition, or 
modification of the Consent Decree.

2  BOI, Buzz and U.S. Bell, Inc. and, its successor, Link 
Technologies, are owned and controlled by Kurtis Kintzel and 
his brother, Keanan Kintzel.  In addition, both BOI and Buzz 
are ``managed'' by another entity, Avatar Enterprises, Inc., 
which is also owned and controlled by Kurtis and Keanan 
Kintzel.
3  The amount of the voluntary payment was determined as 
follows: $115,000 (essentially, the maximum figure cited in 
the most recent clarification of the issue, see Order, FCC 
04M-04, released January 30, 2004) for BOI's repeated 
failures to make universal service contributions in a timely 
manner; $3,000 (the maximum provided in the OSC) for BOI's 
willful failure to timely file its Registration Statement; 
$12,000 (below the maximum allowed by the OSC but not 
inconsistent with precedent, see, e.g., Broadstreet 
Communications, Inc., Notice of Apparent Liability for 
Forfeiture, 17 FCC Rcd 7938 (Enf. Bur. 2002)) for the 
unauthorized discontinuation of service in Vermont; $40,000 
(below the maximum allowed by the OSC but not inconsistent 
with precedent (see, e.g., 47 C.F.R. § 1.80, note to section 
(b)(4), Section 1) for each of nine unauthorized changes of 
long distance telephone service for a total of $360,000; 
$10,000 (the maximum allowed by MO&O, FCC 03M-33) for BOI's 
willful failure to timely make its TRS contribution; and 
$10,000 (less than what MO&O, FCC 03M-33 allowed but 
consistent with 47 C.F.R. § 1.80, note to section (b)(4), 
Section 1) for BOI's repeated failures to timely file 
Worksheets. 

4  However, the Commission may review the Consent Decree on 
its own motion under § 1.302 of the Commission's rules.  See 
§ 1.94(e).  Therefore, this Consent Order and the Consent 
Decree 
will become effective and this proceeding is terminated 50 
days after its public release if the Commission does not 
review the Consent Order and/or the Consent Decree on its own 
motion.  
47 C.F.R. § 1.302.  

5  Courtesy copies of this Consent Order were sent to counsel 
for the parties by fax or e-mail on the day of issuance.