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               Federal Communications Commission      FCC-03-317


                                2
                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the matter of                )    
                                )    
OCMC, Inc. d/b/a/ One Call      )    
Communications, Inc. d/b/a      )    
Opticom                         )    File No. EB-02-TC-003
                                )    NAL/Acct. No. 200232170005
                                )    FRN: 0003772910
                                )    
Operator Service Provider       )
Requirements                    
                                
                              ORDER
                                
   Adopted:  December 9, 2003                      Released:
December 12, 2003

By the Commission:

     1.   In this Order, we adopt a Consent Decree terminating an
investigation  into possible violations by OCMC,  Inc.  ("OCMC"),
d/b/a/  One Call Communications, Inc., d/b/a/ Opticom, of Section
226  of  the Communications Act of 1934, as amended (the  “Act”),
and the Commission’s rules governing operator service providers.1

      2.   The Commission and OCMC have negotiated the terms of a
Consent  Decree that would resolve this matter and terminate  the
investigation.2  A copy of the Consent Decree is attached  hereto
and incorporated by reference.

      3.    After  reviewing the terms of the Consent Decree,  we
find  that  the public interest would be served by approving  the
Consent Decree and terminating the investigation.

      4.   Accordingly, IT IS ORDERED, pursuant to Sections 4(i),
4(j),  and 503(b) of the Communications Act of 1934, as amended,3
that the attached Consent Decree IS ADOPTED.

      5.    OCMC  shall  make its voluntary contribution  to  the
United  States Treasury by mailing a check or similar instrument,
payable to the order of the Federal Communications Commission, to
the  Federal  Communications  Commission,  Forfeiture  Collection
Section, Finance Branch, P.O. Box 73482, Chicago, Illinois 60673-
7482. The payment should reference NAL/Acct. No. 200232170005 and
FRN 0003772910.

     6.   IT IS FURTHER ORDERED that the Commission investigation
into the matter described herein is terminated.



                         FEDERAL COMMUNICATIONS COMMISSION




                         Marlene H. Dorch
                         Secretary
                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                 )   
                                 )   
OCMC, Inc. d/b/a/ One Call       )   
Communications, Inc. d/b/a       )   
Opticom                          )   
                                 )   File No. EB-02-TC-003
                                 )   NAL/Acct. No. 200232170005
                                 )   FRN: 0003772910
                                 )
Operator Service Provider        )
Requirements
                                
                                
                         CONSENT DECREE
                                
                        I.  INTRODUCTION

     1.   The Federal Communications Commission (the “FCC” or the
“Commission”)   and   OCMC,  Inc.,  (“OCMC”)   d/b/a   One   Call
Communications,   Inc.  d/b/a  Opticom,   by   their   authorized
representative, hereby enter into this Consent Decree to  resolve
two   investigations   by   the   Commission:   one   (the   “OSP
Investigation”)  regarding  possible  non-compliance   with   the
operator  service  provider  (“OSP”)  requirements  contained  in
Sections 226(b)(1)(A) and (b)(1)(C)(i) of the Communications  Act
of  1934,  as  amended  (the “Act”), and  Sections  64.703(a)(1),
(a)(3)(i)  and (a)(4) of the Commission’s rules;4 and  the  other
regarding  related matters raised in two letters  of  letters  of
inquiry   issued   to  OCMC  (the  “LOI  Investigation”).    Both
investigations were undertaken pursuant to Sections 4(i) and  403
of the Act.5

     2.    On  September 23, 2002, the Commission,  following  an
investigation,  issued a Notice of Apparent  Liability  (“NAL”).6
The  NAL found that OCMC had apparently violated the Act and  the
Commission’s  rules regarding OSPs by failing to  brand7  at  the
origination point of operator service calls on 25 of 26 toll-free
access  codes8 tested; failing to brand at the termination  point
on  13  of  these  access  codes; and  failing  to  provide  rate
information  at  the termination point on all 26  of  the  tested
access  codes.  Based upon these allegations, the NAL found  that
OCMC  was  apparently liable for 38 separate  violations  of  the
branding  requirements in Section 226(b)(1)(A)  of  the  Act  and
Section  64.703(a)(1) of the Commission’s rules.   The  NAL  also
found  26  separate  apparent violations of the  rate  disclosure
requirements  of Section 226(b)(1)(C)(i) of the Act and  Sections
64.703(a)(3)(i)  and (a)(4) of the Commission’s  rules.   As  set
forth  in  the NAL, the investigation apparently showed potential
widespread  violations of the Commission’s rules, which  appeared
to be part of a deliberate scheme to take advantage of consumers’
dialing  errors.9   On  September 30, 2002, pursuant  to  several
conversations with counsel for OCMC, the Enforcement Bureau  sent
a letter to counsel for OCMC memorializing that OCMC was a proper
party to the NAL, and issuing a Letter of Inquiry (“2002 LOI”) to
OCMC initiating the LOI Investigation.10  The 2002 LOI also dealt
with  OCMC’s provisioning of operator services.  OCMC  filed  its
Response  to  the Notice of Apparent Liability for Forfeiture  on
     October 30, 2002.

     3.   The Enforcement Bureau issued a follow-up LOI to OCMC and
One Call Internet, Inc. in the course of its LOI Investigation on
April  7, 2003 (“Supplemental LOI”).  OCMC responded in  full  to
the 2002 LOI and the Supplemental LOI (collectively, “LOIs”).

                        II.  DEFINITIONS
                                
     4.    For  purposes  of this Consent Decree,  the  following
definitions shall apply:

     (a)  The   “FCC”  or  the  “Commission”  means  the  Federal
          Communications Commission and all Bureaus and Offices of the
          Commission, including the Enforcement Bureau.
          
     (b)  “Bureau”  means the Enforcement Bureau of  the  Federal
          Communications Commission.
          
     (c)  “OCMC” or the “Company” means OCMC, Inc., d/b/a One Call
          Communications, Inc., d/b/a Opticom, or any of its subsidiaries,
          affiliates, and successors.
          
     (d)  “Parties”  means  OCMC  and the Federal  Communications
          Commission.
          
     (e)  “OSPs” means providers of operator services, as defined by
          the Act and the Commission’s rules.11
          
(f)  “Adopting Order” means an Order of the Commission adopting
the terms and conditions of this Consent Decree.
(g)  “Effective Date” means the date on which the Commission
adopts the Adopting Order.
     (h)  Notice of Apparent Liability (“NAL”) means the NAL adopted
          on September 23, 2002, One Call Communications, Inc., d/b/a
          Opticom, Notice of Apparent Liability for Forfeiture, 17 FCC Rcd
          18646 (2002).
          
                         III.  AGREEMENT
                                
     5.   OCMC represents and warrants that it is the properly named
party  to  this Consent Decree and is solvent and has  sufficient
funds available to meet fully all financial and other obligations
set  forth herein.  OCMC further represents and warrants that  it
has  caused  this Consent Decree to be executed by its authorized
representative,  as a true act and deed, as of the  date  affixed
next to said representative’s signature.  Said representative and
OCMC respectively affirm and warrant that said representative  is
acting  in  his/her capacity and within his/her  authority  as  a
corporate  officer of OCMC, and on behalf of  OCMC  and  that  by
his/her  signature  said representative is binding  OCMC  to  the
terms   and  conditions  of  this  Consent  Decree.   OCMC   also
represents that it has been represented by counsel of its  choice
in  connection  with this Consent Decree and is  fully  satisfied
with the representation of counsel.

     6.   OCMC agrees that the Commission has jurisdiction over it and
     the matters contained in this Consent Decree and the authority to
enter into and adopt this Consent Decree.

     7.   OCMC will make a voluntary contribution to the United States
Treasury   in  the  amount  of  five  hundred  thousand   dollars
($500,000)  within  14 calendar days after the  Commission  Order
adopting this Consent Decree becomes final.  OCMC must make  this
payment  by  check, wire transfer, or money order  drawn  to  the
order  of  the Federal Communications Commission, and the  check,
wire  transfer,  or money order should refer to  “NAL  Acct.  No.
200232170005.”   If  OCMC makes this payment by  check  or  money
order,  it  must  mail  the check or money order  to:  Forfeiture
Collection   Section,  Finance  Branch,  Federal   Communications
Commission,  P.O. Box 73482, Chicago, Illinois,  60673-7482.   If
OCMC  makes  this  payment by wire transfer, it  must  wire  such
payment  in  accordance  with  Commission  procedures  for   wire
transfer.

     8.    OCMC  agrees that it will voluntarily conduct a  “Best
Practices  Compliance Program” as set forth below,  beginning  no
later  than  30 days after the Effective Date and will  terminate
that program pursuant only to the terms set forth in paragraph 23
below.  Under this program, OCMC will:

          (a)  Brand all calls to the toll-free access codes where OCMC is
               the OSP, including calls made from non-aggregator locations.12
               
          (b)  Triple brand all collect calls to the toll-free access codes
               where OCMC is the OSP, including calls made from non-aggregator
               locations.  “Triple brand” means that OCMC will brand collect
               calls at the origination point of the call, brand again when the
               called party is first contacted by OCMC on a collect call, and
               then brand a third time with a termination brand.
               
          (c)  Automatically and affirmatively, by means of an automated
               menu prompt or otherwise, offer to all callers rate information
               on all calls made to the toll-free access codes where OCMC is the
               OSP, so that consumers will not have to take the affirmative step
               of requesting such information.
               
(d)  Implement a training program for all of its operators
regarding the Best Practices Compliance Program.  Newly hired
operators will be trained on the program immediately upon
employment with the Company.  All operators will be given
refresher training on the program annually.
          (e)  Upon receiving knowledge of a specific consumer complaint to
               OCMC, the FCC, or any state regulatory authority, explicitly
               based upon the premise that the consumer misdialed one of the
               following three toll-free access codes -- MCI’s 1-800-COLLECT (1-
               800-265-5328), AT&T’s 1-800-CALLATT (1-800-225-5288), or
               Verizon’s 1-800-CALLGTE (1-800-225-5483) (collectively, “Other
               Access Codes”) -- and completed a telephone call using a toll-
               free access code served by OCMC that differs from one of the
               Other Access Codes by only one digit, OCMC agrees to adjust the
               rate OCMC charged to the lowest rate, based on the date, time and
               end points of the call, applicable to the Other Access Code that
               the consumer intended to dial, to the extent that OCMC is able to
          ascertain the access code that the consumer intended to dial.
               This rate adjustment requirement will apply to any complaint in
               which a consumer states he/she did not intend to use OCMC’s
               services, does not recognize the OCMC and/or Opticom name, or
               expresses the intention to have used a different OSP, as long as
               the consumer dialed an access code, for which OCMC is the OSP,
               that differs from one of the Other Access Codes by only one
               digit.
               
          (f)  Undertake a consumer education program informing consumers
               about their rights under Section 226 of the Act and Sections
               64.703-708 of the Commission’s rules, including how to request
               rate information when using toll-free access codes and how to
               access the consumer’s carrier of choice.  This includes attending
               consumer education conferences around the country on a yearly
               basis and distributing written information for consumers.
               
          (g)  In the case of agents controlling toll-free access codes,
               inform all such agents with whom OCMC has contracted to be the
               OSP of the provisions of the Best Practices Compliance Program.
               This includes a written statement that the agent must sign
               acknowledging that it understands and agrees to the terms of the
               Best Practices Compliance Program.
               
          (h)  In the event that an agent controlling toll-free access
               codes terminates its contract with OCMC and begins to take
               service for its toll-free access codes from another OSP, OCMC
               shall notify the Division Chief, Telecommunications Consumers
               Division, Enforcement Bureau, of such change, including the
               identification of the new OSP and a list of the toll-free access
               codes serviced by the new OSP.
               
Nothing in this Best Practices Compliance Program shall alter
OCMC’s obligation to otherwise comply with the Act and with the
Commission’s rules and orders.

     9.   Within 60 days from the Effective Date, OCMC will provide a
formal  report to the Bureau of its compliance with this  Consent
Decree,  including  progress in implementing its  Best  Practices
Compliance Program.  OCMC also agrees to send to the Bureau three
months thereafter, and once again on the first anniversary of the
Effective  Date,  or  within  14  days  upon  request,  a  report
detailing  its  compliance  efforts  (“Compliance  Report”)  with
regard  to this Consent Decree, including but not limited  to,  a
list  of  consumer complaints and/or requests to  have  an  OCMC-
charged rate adjusted to a non-OCMC rate for calls initiated  via
the  toll-free access codes specified in paragraph 8(e) when OCMC
is  the OSP.  The Compliance Report will contain the date of  the
call,  the number allegedly misdialed by the consumer, the amount
charged by OCMC, the amount that would have been charged  by  the
OSP of the consumer’s choice, and the amount refunded (if any) by
OCMC.

     10.  In express reliance on the covenants and representations
contained  herein,  the Commission agrees to  terminate  the  OSP
Investigation  concerning compliance with  Sections  226(b)(1)(A)
and (b)(1)(C)(i) of the Act, and Sections 64.703(a)(1), (a)(3)(i)
and  (a)(4)  of the Commission’s rules, resolve the  NAL  and  to
terminate the LOI Investigation.

     11.  The Parties agree and acknowledge that this Consent Decree
shall   constitute   a  final  settlement   of:   (a)   the   OSP
Investigation; (b) any additional proceeding based on allegations
of non-compliance with the OSP requirements contained in Sections
226(b)(1)(A)   and   (b)(1)(C)(i)  of  the   Act   and   Sections
64.703(a)(1),  (a)(3)(i)  and (a)(4) of  the  Commission’s  rules
occurring  on  or  before  the  Effective  Date;  (c)   the   LOI
Investigation;  and  (d)  any  additional  proceeding  based   on
information  provided  in  response  to  the  2002  LOI  or   the
Supplemental  LOI regarding actions or conduct  occurring  on  or
before the Effective Date.

     12.  The Commission agrees that, in the absence of new material
evidence,  it  will  not, on its own motion, initiate  any  other
enforcement action against OCMC concerning the matters that  were
the  subject  of  the OSP Investigation occurring  prior  to  the
Effective  Date,  or  concerning  possible  past  violations   of
Sections  226(b)(1)(A) and (b)(1)(C)(i) of the Act  and  Sections
64.703(a)(1),  (a)(3)(i)  and (a)(4) of  the  Commission’s  rules
occurring prior to the Effective Date, or seek on its own  motion
any  administrative or other penalties from OCMC based on the OSP
Investigation.   Consistent with the foregoing, nothing  in  this
Consent Decree limits the Commission’s authority to consider  and
adjudicate  any complaint that may be filed pursuant  to  Section
208  of  the  Act,  47 U.S.C. § 208, and to take  any  action  in
response to such complaint.

     13.  The Commission agrees that it will not, on its own motion,
initiate  any  new proceeding, formal or informal,  or  take  any
action on its own motion against OCMC concerning the matters that
were the subject of the LOI Investigation occurring prior to  the
Effective  Date, or concerning possible past violations occurring
on  or before the Effective Date based on information provided in
response to the 2002 LOI or the Supplemental LOI, or seek on  its
own  motion any administrative or other penalties from OCMC based
on  the LOI Investigation.  OCMC waives any and all rights it may
have  to seek administrative or judicial reconsideration, review,
appeal,  or  stay,  or  to  otherwise challenge  or  contest  the
validity  of  this  Consent Decree and the  Order  adopting  this
Consent  Decree,  provided the Order adopts  the  Consent  Decree
without  change, addition, or modification.  The FCC also  agrees
that,  in  the absence of material new evidence related  to  such
matters,  it  will  not institute, on its  own  motion,  any  new
proceeding,  formal or informal, or take any action  on  its  own
motion  against  OCMC  with respect to its basic  qualifications,
including  the  character  qualifications,  to  be  a  Commission
licensee.

     14.   OCMC’s decision to enter into this Consent  Decree  is
expressly  contingent  upon  the issuance  of  an  Order  by  the
Commission that is consistent with this Consent Decree, and  that
adopts   the   Consent  Decree  without  change,   addition,   or
modification.

     15.  OCMC represents and warrants that it shall not effect any
change  in  its  form  of  doing business or  its  organizational
identity or participate directly or indirectly in any activity to
form  a  separate  entity or corporation  that  engages  in  acts
prohibited in this Consent Decree or for any other purpose  which
would otherwise circumvent any part of this Consent Decree or the
obligations  of this Consent Decree.  OCMC agrees to  notify  the
Chief, Telecommunications Consumers Division, Enforcement Bureau,
Federal  Communications Commission, Washington,  D.C.  20554,  at
least  thirty  (30)  days  prior to the  effective  date  of  any
material  change  in  OCMC’s legal status or corporate  structure
that  may  materially affect its obligations hereunder, including
but  not  limited  to  any  merger,  incorporation,  dissolution,
assignment, or any other change that may materially affect OCMC’s
obligations  under this Consent Decree.  Nothing in this  Consent
Decree shall be deemed to be an obligation by OCMC to disclose to
the Bureau “material inside information,” as that term is defined
in applicable securities laws and regulations.

     16.  In the event that this Consent Decree is rendered invalid by
any  court  of competent jurisdiction, it shall become  null  and
void and may not be used in any manner in any legal proceeding.

     17.  OCMC represents and warrants that neither OCMC nor any of
its representatives, employees, agents or any other person acting
under, by, through, or on behalf of OCMC, directly or indirectly,
or through any corporate or other device, shall state, represent,
or  imply  that  the  FCC,  or  any other  governmental  unit  or
subdivision thereof, approved or authorized any practice, act, or
conduct  of  OCMC as a result of this Consent Decree, other  than
the standards and actions set forth in this Consent Decree.

     18.  The Parties also agree that if any provision of the Consent
Decree conflicts with any subsequent rule or order adopted by the
Commission, where compliance with the provision would result in a
violation of the subsequent rule or order, that provision will be
superseded by such Commission rule or order.

     19.  By this Consent Decree, OCMC does not waive or alter its
right  to  assert  and  seek protection from  disclosure  of  any
privileged or otherwise confidential and protected documents  and
information, or to seek appropriate safeguards of confidentiality
for  any competitively sensitive or proprietary information.  The
status  of  materials prepared for, reviews made and  discussions
held   in  the  preparation  for  and  implementation  of  OCMC’s
compliance  efforts  under  this  Consent  Decree,  which   would
otherwise be privileged or confidential, are not altered  by  the
execution  or implementation of the terms of this Consent  Decree
and no waiver of such privileges is made by this Consent Decree.

      20.   If  either Party (or United States on behalf  of  the
Commission) brings a judicial action to enforce the terms of  the
Adopting Order, neither OCMC nor the Commission shall contest the
validity  of the Consent Decree or the Adopting Order,  and  OCMC
and  the Commission will waive any statutory right to a trial  de
novo with respect to any matter upon which the Adopting Order  is
based, and shall consent to a judgment incorporating the terms of
this Consent Decree.

     21.   The  Parties agree that this Consent Decree  does  not
constitute  either an adjudication on the merits or a factual  or
legal  finding  or  determination  regarding  any  compliance  or
noncompliance  with  the  requirements  of  the   Act   and   the
Commission’s  Rules.  The Parties agree that this Consent  Decree
is  for  settlement purposes only and that by  agreeing  to  this
Consent  Decree,  OCMC  does  not  admit  any  noncompliance   or
liability for violating Commission rules in connection  with  any
of the matters that are the subject of this Consent Decree.

     22.  OCMC agrees that any violation of the Consent Decree or the
Adopting  Order  will  constitute  a  separate  violation  of   a
Commission order, entitling the Commission to exercise any rights
or remedies attendant to the enforcement of a Commission order.

     23.   OCMC  agrees to continue the Best Practices Compliance
Program  without a specific expiration date.  OCMC  can  petition
the Enforcement Bureau no sooner than thirty-six (36) months from
the  Effective Date regarding the appropriateness of  terminating
the Best

Practices  Compliance  Program.   The  Parties  agree  that   the
reporting  requirements described in paragraph 9 of this  Consent
Decree  shall  expire thirty-six (36) months from  the  Effective
Date.

     24.  This Consent Decree may be signed in counterparts.


For the Federal Communications Commission    For OCMC, Inc.



By:                                ______________________________
By:                                ______________________________
   Marlene H. Dortch                    Joseph A. Pence
   Secretary                            President and CEO
                                        OCMC, Inc.

__________________________________
______________________________
Date                                         Date


_______________________________
1   47  U.S.C.  §§  226(b)(1)(A),  (b)(1)(C)(i);  47  C.F.R.   §§
64.703(a)(1), (a)(3)(i), (a)(4).
2  We note that One Call Internet, Inc., which was formerly known
as  One Call Communications, Inc. and responded to the Notice  of
Apparent  Liability issued in this matter, is not a proper  party
to  this  proceeding.  See One Call Communications,  Inc.  d/b/a/
Opticom, Notice of Apparent Liability for Forfeiture, 17 FCC  Rcd
18646  (2002) (“NAL”).  See also letter from Steven A. Augustino,
Counsel to One Call Internet, Inc. to Colleen K. Heitkamp, Chief,
Telecommunications   Consumers  Division,   Enforcement   Bureau,
Federal  Communications Commission, August 5, 2003,  wherein  OCI
and OCMC stipulate that OCMC is the proper party to the NAL.
3 47 U.S.C. §§ 154(i), 154(j), 503(b).
4   47   U.S.C.   §§   226(b)(1)(A),  (b)(1)(C)(i);   47   C.F.R.
§ § 64.703(a)(1), (a)(3)(i) and (a)(4).
5 47 U.S.C. §§ 154(i), 403.
6  One  Call  Communications,  Inc.  d/b/a/  Opticom,  Notice  of
Apparent Liability for Forfeiture, 17 FCC Rcd 18646 (2002).
7  “Branding” occurs when an OSP “identif[ies] [itself],  audibly
and  distinctly, to the consumer.”  47 U.S.C. § 226(b0(1)(A);  47
C.F.R. § 64.703(a)(1).
8  “Access code” means “a sequence of numbers that, when  dialed,
connect   the  caller  to  the  provider  of  operator   services
associated with that sequence.”  47 U.S.C. § 226(a)(1); 47 C.F.R.
§ 64.708(a).
9 These apparent dialing errors consisted of the use of toll-free
access  codes that used a dialing pattern similar to MCI’s 1-800-
COLLECT, AT&T’s 1-800-CALLATT, or Verizon’s 1-800-CALLGTE.  Using
toll-free access codes similar to these could result in consumers
misdialing one or more digits in attempting to use the  toll-free
access codes cited above, and having the call be handled by  OCMC
as  the OSP, rather than by the OSP that the caller allegedly had
intended.
10 See Letter from Colleen K. Heitkamp, Chief, Telecommunications
Consumers  Division,  Enforcement Bureau, Federal  Communications
Commission, to Cheryl A. Tritt, September 30, 2002.
11 See 47 U.S.C. § 226(a)(9); 47 C.F.R. § 64.708(i).
12 An “aggregator” is defined as any person that “in the ordinary
course  of  its  operations, makes telephones  available  to  the
public  or  to  transient users of its premises,  for  interstate
telephone  calls  using  a provider of  operator  services.”   47
U.S.C. §  226(a)(2), 47 C.F.R. § 64.708(b).