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FCC NEWS

FEDERAL COMMUNICATIONS COMMISSION
445 12th STREET S.W.
WASHINGTON, D.C. 20554

News media information 202/418-0500
TTY 202/418-2555
Fax-On-Demand 202/418-2830
Internet http://www.fcc.gov
ftp://ftp.fcc.gov

This is an unofficial announcement of Commission Action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 516 F 2d 385 (D.C. Circ 1974)

FOR IMMEDIATE RELEASE
April 7, 2003
NEWS MEDIA CONTACT:
John Winston (202) 418-7450



FCC ORDERS HEARING INTO APPARENT MISREPRESENTATIONS AND OTHER VIOLATIONS BY BUSINESS OPTIONS, INC.

Washington, D.C. Today, the Federal Communications Commission announced it has decided to hold a hearing to determine whether to revoke the common carrier operating authority of Business Options, Inc. (BOI), an Illinois corporation with its principal place of business in Merrillville, Indiana.

The Commission found that there are serious questions about whether BOI and its principals are qualified to provide interstate telecommunications services. The hearing, therefore, will address whether the Commission should revoke BOI's common carrier operating authority, and bar BOI and its principals from any future provision of interstate common carrier services without the prior consent of the Commission. In addition, the hearing will determine whether the Commission should impose a monetary forfeiture against BOI for slamming and other apparent violations relating to discontinuance of service and carrier registration, and the amount of any such forfeiture.

The Commission indicated that BOI may have engaged in misrepresentation and lack of candor in responding to Commission inquiries during an investigation into whether BOI had slammed a number of consumers (i.e., changed their preferred carriers without their permission). In particular, it appears that BOI misrepresented whether it had changed consumers' carriers, and failed to respond to certain of the Commission's inquiries. The Commission also said that BOI appears to have made multiple misrepresentations in connection with an application to the FCC to discontinue service in Vermont.

The date of the hearing will be established in a forthcoming order from the Administrative Law Judge assigned to the case.

Action by the Commission on March 26, 2003, by Order to Show Cause and Notice of Opportunity for Hearing (FCC-03-68). Chairman Powell; Commissioners Abernathy, Copps, Martin and Adelstein.

File No. EB-02-TC-151

Enforcement Bureau Contacts: John Winston at (202) 418-7450 or Peter Wolfe at 418-2191.