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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Primus Telecommunications, Inc. )
) File No. EB-03-TC-162
) NAL/Acct. No. 20043217
Compliance with the ) 0006
Commission's ) FRN: 0004317798
Rules and Regulations Governing )
the National Do-Not-Call )
Registry
ORDER
Adopted: September 28, 2004
Released: September 30, 2004
By the Chief, Enforcement Bureau:
1. In this Order, we grant a motion filed by Primus
Telecommunications, Inc. (``Primus'') on September 17, 2004,1
requesting that we adopt an amendment to the Consent Decree
entered into between the Enforcement Bureau and Primus.2 Primus
requests that the Consent Decree be amended to correct the
description in paragraph 2 of Primus and its business. The
proposed amendment does not affect the provisions that pertain to
Primus's obligations under the Consent Decree.
2. After reviewing the proposed amendment, we find that
the public interest would be served by granting Primus's motion
and adopting the attached amendment to the Consent Decree.
Accordingly, IT IS ORDERED that Primus's September 17, 2004
motion IS GRANTED and that the attached amendment to the Consent
Decree IS ADOPTED.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Primus Telecommunications, Inc. )
) File No. EB-03-TC-162
) NAL/Acct. No. 200432170006
Compliance with the ) FRN: 0004317798
Commission's )
Rules and Regulations Governing )
the National Do-Not-Call )
Registry
Amendment to Consent Decree
The undersigned parties hereby agree to amend the Consent
Decree executed on September 3, 2004, and adopted by the Chief,
Enforcement Bureau of the Commission in the above-captioned
docket by Order dated September 7, 2004, DA 04-2847, (the
``September 3rd Consent Decree'') by replacing paragraph 2 of the
September 3rd Consent Decree with the revised paragraph and
footnote set forth below. This amended paragraph and footnote
includes a corrected description of Primus Telecommunications,
Inc. and its business.
2. Primus, headquartered in McLean, Virginia, is
the principal U.S. operating subsidiary of Primus
Telecommunications Group, Inc. (``PTGI''), a global
facilities-based telecommunications services provider
offering international and domestic voice, Internet and
data services to business and residential retail
customers, as well as to other carriers. Primus holds
numerous authorizations to provide telecommunications
services from the FCC and state public utility
commissions. In the past, outbound telemarketing
generated approximately 40 percent of the new sales in
Primus's International Consumer Marketing (``ICM'')
division.3 Primus does not engage, however, in direct
telemarketing to residential consumers. In September
2003, Primus hired a third party telemarketer, Spanco
Telesystems & Solutions, Ltd. (``Telemarketer''), to
conduct telemarketing on its behalf.
The parties agree that all other provisions set forth in the
September 3rd agreement remain in force without change. This
amendment may be executed in counterparts.
For: Primus Telecommunications, Inc.
___________________ _____________________________________________
Date Walter L. Stone
For: Enforcement Bureau
Federal Communications Commission
___________________ _____________________________________________
Date David H. Solomon
_________________________
1Primus Motion, File No, EB-03-TC-162 (Sept. 17, 2004).
2See Order and Consent Decree, DA No. 04-287, File No. EB-03-TC-
162, (rel. Sept. 7, 2004).
3The revenues attributed to Primus's ICM division constitute
approximately 2 percent of the total PTGI corporate revenues.