Click here for Microsoft Word Version
********************************************************
NOTICE
********************************************************
This document was converted from
WordPerfect or Word to ASCII Text format.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Word or WordPerfect version or Adobe Acrobat version (above).
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
PHILIPPINE LONG DISTANCE ) File No. EB-01-IH-0470
TELEPHONE COMPANY )
Complainant )
)
v. )
)
WORLD COMMUNICATIONS, INC. )
Respondent )
)
)
In the Matter of )
)
WORLD COMMUNICATIONS, INC. ) NAL/Acct. No. 216E10001
)
And )
)
MANILA PENINSULA HOTEL ) NAL/Acct. No. 216E10002
Apparent Liability for )
Forfeiture
ORDER ON RECONSIDERATION
Adopted: September 6, 2001 Released: September 11,
2001
By the Commission:
1. In this Order, we deny the Philippine Long Distance
Telephone Company's (PLDT) petition for reconsideration of our
Order canceling forfeitures against World Communications, Inc.
(WorldCom) and the Manila Peninsula Hotel (Hotel).1 The
Commission found WorldCom and the Hotel apparently liable for the
forfeitures on January 23, 1993, following its investigation of
an informal complaint filed by PLDT pursuant to section 1.716 of
our rules.2 The Commission determined that, as alleged in the
complaint, the Hotel apparently had charged one of its guests for
making two telephone calls to the United States over
international private lines (IPLs) provided to the Hotel by
Globe-Mackay Cable and Radio Corporation on the Philippine end,
and WorldCom on the United States end. The Commission further
determined that the Hotel continued to resell IPL service without
the authorization required by section 214 of the Communications
Act of 1943, as amended (the Act).3 The Commission designated
forfeitures of $200,000 against both WorldCom and the Hotel for
the apparent violations, and an additional $6,000 against
WorldCom for apparently failing to adhere to restrictions in its
tariff on the use of IPLs in violation of section 203(c) of the
Act.4 We issued our Cancellation Order on October 6, 1998, after
concluding based on our review of the record in this case, that
there was insufficient evidence to sustain the Notice of Apparent
Liability against either WorldCom or the Hotel.5 PLDT argues
that we failed to provide sufficient reasons for canceling the
forfeiture against WorldCom, and that WorldCom should be required
to pay the forfeiture.6 We disagree.
2. It is well settled that an agency has broad discretion
to prosecute or terminate an enforcement proceeding and such
decisions are not reviewable by the courts.7 Our decision to
cancel the proposed forfeiture against WorldCom for insufficient
evidence is a proper exercise of this broad discretion, and PLDT
raises no arguments in its petition that would persuade us to
reconsider our decision.
3. Accordingly, IT IS ORDERED, pursuant to sections 4(i)
and 503 of the Communications Act of 1934, as amended, 47 U.S.C.
§§ 154(i), 503, that the petition for reconsideration filed by
PLDT IS DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Magalie Roman Salas
Secretary
_________________________
1 Philippine Long Distance Telephone Company v. World
Communications Inc. and Manila Peninsula Hotel, 13 FCC Rcd 21520
(1998) (Cancellation Order).
2 47 C.F.R. § 1.716; Philippine Long Distance Telephone
Company v. World Communications Inc. and Manila Peninsula Hotel,
8 FCC Rcd 755, 757 (1993) (Notice of Apparent Liability).
3 47 U.S.C. § 214; Notice of Apparent Liability, 8 FCC Rcd at
757.
4 Id.
5 Cancellation Order, 13 FCC Rcd at 21520.
6 PLDT petition at 3. PLDT withdrew, without prejudice,
its petition for reconsideration of the Commission's Cancellation
Order as it relates to the Hotel. Letter from Albert Halprin and
Stephen L. Goodman, Counsel for Philippine Long Distance
Telephone Company, to Magalie Roman Salas, Secretary, FCC (Jan.
21, 1999).
7 Heckler v. Chaney, 470 U.S. 821, 831-32 (1985); NY
State Dept. of Law v. FCC, 984 F.2d 1209, 1213 (D.C. Cir. 1993)
(``the FCC is best positioned to weigh the benefits of pursuing
an adjudication against the costs to the agency (including
financial and opportunity costs) and the likelihood of
success'').