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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
World Communications )
Satellite Systems, Inc. ) File No. EB-03-TC-177
)
) NAL/Acct. No. 200332170009
) FRN: 0009553652
)
)
FORFEITURE ORDER
Adopted: April 14, 2004 Released: April 16, 2004
By the Commission:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of $560,000 against World
Communications Satellite Systems, Inc. (``WCSS'') for violating
section 258 of the Communications Act of 1934, as amended (the
``Act''),1 as well as Commission rules and orders, by submitting
changes of the preferred carriers of 10 consumers on 13 occasions
without their authorization and verification, a practice commonly
known as ``slamming.''2
2. The facts and circumstances surrounding this case are
set forth in the Notice of Apparent Liability previously issued
and need not be reiterated at length.3 After receiving a large
number of consumer complaints against WCSS, the Enforcement
Bureau, along with the Public Utility Commission of Texas,
launched an investigation into the consumers' allegations of
slamming. As a result of this investigation, the Commission
issued a Notice of Apparent Liability on January 15, 2004,
finding WCSS apparently liable for 13 slamming violations.
3. Pursuant to section 1.80(f)(3) of the Commission's
rules,4 the Commission ordered WCSS to pay the full amount of the
proposed forfeiture or file a response showing why the proposed
forfeiture should not be imposed or should be reduced 5 within 30
days of the NAL's release, i.e., on February 17, 2004.6 WCSS did
not file a response to the NAL nor did it pay the forfeiture
amount.7 We therefore affirm the tentative findings of the NAL
and conclude that, pursuant to section 1.80(f)(4) of the rules,
WCSS is liable for a monetary forfeiture in the amount of
$560,000.8
ORDERING CLAUSES
4. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section
503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80(f)(4) of
the Commission's rules, 47 C.F.R. § 1.80(f)(4), World
Communications Satellite Systems, Inc. SHALL FORFEIT to the
United States Government the sum of $560,000 for willful or
repeated violations of section 258 of the Act, 47 U.S.C. § 258,
and the Commission's rules governing preferred carrier changes.9
5. Payment of the forfeiture shall be made in the manner
provided for in section 1.80 of the Commission's rules within 30
days of the release of this Order.10 If the forfeiture is not
paid within the period specified, the case may be referred to the
Department of Justice for collection pursuant to section 504(a)
of the Act.11 Payment may be made by mailing a check or similar
instrument, payable to the order of the ``Federal Communications
Commission,'' to the Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note
NAL/Acct. No. 200332170009. Requests for full payment under the
installment plan should be sent to: Chief, Revenue and
Receivables Group, 445 12th Street, S.W., Washington, D.C.
20554.12
6. IT IS FURTHER ORDERED that a copy of this Order of
Forfeiture SHALL BE SENT by Certified Mail, Return Receipt
Requested to: Caterina Bergeron, President, World Communications
Satellite Systems, 4301 Brittany Trail Dr., Champaign, IL 61822;
Caterina Bergeron, President, World Communications Satellite
Systems, 3730 Kirby Rd., Suite 1200, Houston, TX 77098; and
Caterina Bergeron, President, World Communications Satellite
Systems, 251 East Ohio St., Suite 500, Indianapolis, IN 46204.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
_________________________
1 47 U.S.C. § 258.
2 ``Slamming'' is the submission or execution of an unauthorized
change in a subscriber's selection of a provider of
telecommunications service. See generally 47 C.F.R. §§ 64.1100-
64.1195.
3 World Communications Satellite Systems, Inc., Notice of
Apparent Liability for Forfeiture, FCC 04-9, 2004 WL 63450 (rel.
Jan. 15, 2004) (``NAL'').
4 47 C.F.R. § 1.80(f)(3).
5 NAL at ¶ 17.
6 NAL at ¶ 17. We note that the 30 day deadline fell on February
14, 2004, a Saturday. Therefore, pursuant to 1.4(j) of the
Commission's rules, the deadline was extended to the next
business day, February 17, 2004. 47 C.F.R. § 1.4(j).
7 On February 12, 2004, the Commission received a letter from The
Helein Law Group, counsel for WCSS, stating that WCSS is out of
business and would not respond to the NAL. Letter from Charles
H. Helein, counsel for WCSS, to Marlene H. Dortch, FCC (February
12, 2004). The letter did not provide any evidence that WCSS
has sought bankruptcy protection or has discontinued service
pursuant to section 214 of the Act and the Commission's
discontinuance rules. 47 U.S.C. § 214(a); and 47 C.F.R. §
63.71.
8 47 C.F.R. § 1.80(f)(4).
9 See 47 C.F.R. §§ 64.1120; see also Implementation of the
Subscriber Carrier Selection Changes Provisions of the
Telecommunications Act of 1996; Policies and Rules Concerning
Unauthorized Changes of Consumers Long Distance Carriers, Second
Report and Order, 14 FCC Rcd 1508 (1998) stayed in part, MCI
Company v. FCC, No. 99-1125 (D.C.Cir. May 18, 1999); First Order
on Reconsideration, 15 FCC Rcd 8158 (2000); stay lifted, MCI
Company v. FCC, No. 99-1125 (D.C. Cir. June 27, 2000);
Implementation of the Subscriber Carrier Selection Changes
Provisions of the Telecommunications Act of 1996; Policies and
Rules Concerning Unauthorized Changes of Consumers Long Distance
Carriers, Further Notice of Proposed Rulemaking and Memorandum
Opinion and Order on Reconsideration, 12 FCC Rcd 10,674 (1997).
10 47 C.F.R. § 1.80.
11 47 U.S.C. § 504(a).
12 See 47 C.F.R. § 1.1914.