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

In the Matter of                 )    File No. EB-04-IH-0522
                                )
                                )
Teletronics, Inc.                )    NAL/Acct. No. 200532080138
                                )
                                )
Apparent Liability for           )
Forfeiture                       )

                  NOTICE OF APPARENT LIABILITY 
                    FOR FORFEITURE AND ORDER


Adopted:  July 25, 2005                           Released:  July 
25, 2005

By the Commission:

I.   INTRODUCTION 

     1.   In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we find that Teletronics, Inc. (``Teletronics''), a 
telecommunications carrier that has been operating and at least 
indirectly benefiting from federal programs supporting the 
telecommunications industry for years, apparently failed to meet 
its statutory and regulatory obligations related to those 
programs.  Based upon our review of the facts and circumstances 
surrounding this matter, we conclude that Teletronics is 
apparently liable for a total forfeiture of $692,000.  

     2.   Specifically we find Teletronics has apparently 
violated sections 64.1195(a) of the Commission's rules by 
willfully and repeatedly failing to register with the Commission 
from April 2, 2001 to the current date.1  We also conclude that 
Teletronics has apparently violated 54.711(a), 
64.604(c)(5)(iii)(B), and 52.17(b) of our rules by failing to 
submit certain Telecommunications Reporting Worksheets from 1999 
to the current date. 2  We further find that Teletronics has 
apparently violated sections 254(d) and 251(e)(2) of the 
Communications Act of 1934, as amended (the ``Act''),3 and 
sections 54.706(a), 64.604(c)(5)(iii)(A) and 52.17(a) of the 
Commission's rules by willfully and repeatedly failing to 
contribute to the Universal Service Fund (``USF''),  
Telecommunications Relay Service (``TRS'') Fund, and cost 
recovery mechanisms for North American Numbering Plan 
Administration (``NANPA'').4  Finally, we find that Teletronics 
has apparently violated sections 1.1154 and 1.1157(b)(1) of the 
Commission's rules by willfully and repeatedly failing to pay 
regulatory fees to the Commission.5  

     3.   We order Teletronics to submit within thirty days, 
either as part of its response to this NAL or separately, a 
report, supported by a sworn statement or declaration under 
penalty of perjury of a corporate officer, setting forth in 
detail its plan to come into compliance with the relevant payment 
and reporting rules discussed herein.  We further order 
Teletronics to file with the Universal Service Administrative 
Company (``USAC'') within thirty days all Annual 
Telecommunications Reporting Worksheets required under the 
Commission's rules from the date Teletronics began providing 
telecommunications service in the United States to the date of 
this NAL.6 

II.  BACKGROUND

     4.                                      Teletronics, Inc., 
also doing business as Telectronics Services, Inc., is an Ohio-
based telecommunications provider that offers integrated 
telecommunications systems to business users. 7  In 1999, it 
began reselling intrastate, interstate, and international long-
distance service purchased from MCI and other carriers as part of 
its packaged offerings.8   

     5.   The Commission is charged by Congress with regulating 
interstate and international telecommunications and ensuring that 
providers of such telecommunications comply with the requirements 
imposed on them by the Act and our rules.9  The Commission also 
has been charged by Congress to establish, administer and 
maintain various telecommunications regulatory programs, which 
are described in more detail below, and to fund these programs 
through assessments on the telecommunications providers that 
benefit from them.  To accomplish these goals, the Commission 
established ``a central repository of key facts about carriers'' 
through which it could monitor the entry and operation of 
interstate telecommunications providers to ensure, among other 
things, that they are qualified, do not engage in fraud, and do 
not evade oversight.10  First and foremost, Commission rules 
require that, upon entry or anticipated entry into 
telecommunications markets, telecommunications carriers must 
register by submitting information on an FCC Form 499-A, also 
known as a Telecommunications Reporting Worksheet (``Annual 
Worksheet'' or ``Form 499-A'').  The Commission requires 
telecommunications providers to submit financial information on 
the Worksheets to enable the Commission to determine and collect 
the statutorily mandated assessments.11

     6.   The Telecommunications Act of 1996 codified Congress's 
historical commitment to promote universal service to ensure that 
consumers in all regions of the nation have access to affordable, 
quality telecommunications services.12  In particular, section 
254(d) of the Act requires, among other things, that ``[e]very 
telecommunications carrier [providing] interstate 
telecommunications services . . . contribute, on an equitable and 
nondiscriminatory basis, to the specific, predictable, and 
sufficient mechanisms established by the Commission to preserve 
and advance universal service.''13  In implementing this 
Congressional mandate, the Commission directed all 
telecommunications carriers providing interstate 
telecommunications services and certain other providers of 
interstate telecommunications to contribute to the Universal 
Service Fund based upon their interstate and international end-
user telecommunications revenues.14  Failure by some providers to 
pay their share into the Fund skews the playing field by giving 
non-paying providers an economic advantage over their 
competitors, who must then shoulder more than their fair share of 
the costs of the Fund.   

     7.   Section 225(b)(1) of the Act, which codifies Title IV 
of the Americans with Disabilities Act of 1990, directs the 
Commission to ``ensure that interstate and intrastate 
telecommunications relay services are available, to the extent 
possible and in the most efficient manner, to hearing-impaired 
and speech-impaired individuals in the United States.''15  To 
that end, the Commission established the TRS Fund to reimburse 
TRS providers for the costs of providing interstate 
telecommunications relay services.16  Pursuant to section 
64.604(c)(5)(iii)(A) of the Commission's rules, every carrier 
that provides interstate telecommunications services must 
contribute to the TRS Fund based upon their interstate end-user 
revenues.17

     8.   In addition, section 251(e)(1) of the Act directs the 
Commission to oversee the administration of telecommunications 
numbering to ensure the availability of telephone numbers on an 
equitable basis.18  Section 251(e)(2) of the Act requires that 
``[t]he cost of establishing telecommunications numbering 
administration arrangements . . . be borne by all 
telecommunications carriers on a competitively neutral basis as 
determined by the Commission.''19  In carrying out this statutory 
directive, the Commission adopted section 52.17 of its rules, 
which requires, among other things, that all telecommunications 
carriers contribute toward the costs of numbering administration 
on the basis of their end-user telecommunications revenues for 
the prior calendar year.20 

     9.   Finally, pursuant to section 9(a)(1) of the Act and 
section 1.1151 of the Commission's rules, interstate 
telecommunications carriers and other providers must pay 
regulatory fees to the Commission to cover the costs of certain 
regulatory activities.21  In particular, sections 1.1154 and 
1.1157(b)(1) of the Commission's rules require that interstate 
telecommunications carriers pay regulatory fees on the basis of 
their interstate and international end-user revenues.22  Such 
fees must be paid on an annual basis,23 and failure to do so 
subjects a carrier to late payment penalties, as well as possible 
revocation of its operating authority.24  Further, under the 
Commission's ``red light rule,'' action will be withheld on any 
application to the Commission or request for authorization made 
by any entity that has failed to pay when due its regulatory fees 
or any other program payment, such as USF contributions, and if 
payment or payment arrangements are not made within 30 days from 
notice to the applicant, such applications or requests will be 
dismissed.25

     10.  The Commission has established specific procedures to 
administer the programs for universal service, telecommunications 
relay services, numbering administration and regulatory fees.  
The requirement to register discussed above is essential to the 
fulfillment of the universal service and other program missions 
because it identifies the company as potentially subject to 
various program requirements and enables the program 
administrators to oversee the company's compliance with those 
requirements.  Upon submission of a Form 499-A registration, the 
carrier is issued a filer identification number by USAC, which is 
then associated with further filings by the company and is used 
to track the carrier's contributions and invoices.  

     11.  In addition to its obligation to register, a carrier is 
required to file Worksheets for the purpose of determining its 
USF, TRS, NANPA, and regulatory fee program payments, and, with 
certain exceptions, to file quarterly short-form Worksheets to 
determine monthly universal service contribution amounts.  These 
periodic filings trigger a determination of liability, if any, 
and subsequent billing and collection, by the entities that 
administer the regulatory programs.  For example, USAC uses the 
revenue projections submitted on the quarterly filings to 
determine each carrier's universal service contribution amount.26  
Carriers are required to pay their monthly USF contribution by 
the date shown on their invoice.27  The Commission's rules 
explicitly warn contributors that failure to file their forms or 
submit their payments potentially subjects them to enforcement 
action.28  The TRS Administrator, the NANPA Billing and 
Collection agent, and the Commission use the prior year's revenue 
information provided on the Annual Worksheet to determine amounts 
owed for the TRS, NANPA, and regulatory fee programs, 
respectively.29

     12.  In 2004, the Enforcement Bureau (``Bureau'') audit 
staff sought to identify resellers of telecommunications service 
that failed to register as telecommunications service providers 
with the Commission and, thus, may also have failed to satisfy 
various Commission program requirements.30  To identify such 
resellers, the Bureau audit staff compared lists of resellers 
provided by wholesale service providers against the Commission's 
central repository of registered telecommunications service 
providers with filer identification numbers.  If a reseller did 
not appear to have an identification number, the audit staff sent 
an inquiry to that reseller.  On March 30, 2004 and June 18, 
2004, the Bureau's audit staff sent letters to Teletronics 
requesting information pertaining to its compliance with the 
Commission's registration requirement.31  On August 17, 2004, 
following correspondence between Teletronics' counsel and audit 
staff clarifying the nature of Teletronics' filing obligations, 
Teletronics' counsel told a staff auditor in a telephone 
conversation that Teletronics would file a Worksheet by September 
16, 2004.32  To the date of this NAL, Teletronics has not yet 
registered or filed any initial, annual or quarterly Worksheets.  
 
     13.  The Bureau, on October 28, 2004, issued a letter of 
inquiry (``LOI'') directing Teletronics, among other things, to 
submit a sworn written response to a series of questions relating 
to Teletronics' apparent failure to satisfy its registration, 
filing and payment obligations.33  Teletronics filed its 
responses  on November 24, 2004, and January 3, 2005.34  The 
Teletronics November 24 Letter confirms that Teletronics did not 
file any Worksheets or make any contributions or regulatory fee 
payments.35      
III. DISCUSSION

     14.   Under section 503(b)(1)(B) of the Act, any person who 
is determined by the Commission to have willfully or repeatedly 
failed to comply with any provision of the Act or any rule, 
regulation, or order issued by the Commission shall be liable to 
the United States for a forfeiture penalty.36  To impose such a 
forfeiture penalty, the Commission must issue a notice of 
apparent liability, the notice must be received, and the person 
against whom the notice has been issued must have an opportunity 
to show, in writing, why no such forfeiture penalty should be 
imposed.37  The Commission will then issue a forfeiture if it 
finds by a preponderance of the evidence that the person has 
violated the Act or a Commission rule.38  As set forth below, we 
conclude under this standard that Teletronics is apparently 
liable for a forfeiture for its apparent willful and repeated 
violations of sections 254(d) and 251(e)(2) of the Act39 and 
sections 64.1195(a), 54.711(a), 64.604(c)(5)(iii), 52.17, 
54.706(a), 1.1154, and 1.1157(b)(1) of the Commission's rules.40 

     15.   The fundamental issues in this case are whether 
Teletronics apparently violated the Act and the Commission's 
rules by: (1) willfully or repeatedly failing to register with 
the Commission; (2) willfully or repeatedly failing to file 
Telecommunications Reporting Worksheets; (3) willfully or 
repeatedly failing to make requisite contributions toward the 
Universal Service and TRS Funds, and NANPA cost recovery 
mechanisms; and (4) willfully or repeatedly failing to pay 
regulatory fees to the Commission.  We answer these questions 
affirmatively.  Based on a preponderance of the evidence, 
therefore, we conclude that Teletronics is apparently liable for 
a forfeiture of $692,000 for apparently willfully and repeatedly 
violating sections 254(d) and 251(e)(2) of the Act41 and sections 
64.1195(a), 54.711(a), 64.604(c)(5)(iii), 52.17, 54.706(a), 
1.1154, and 1.1157(b)(1) of the Commission's rules.42

     16.  Specifically we propose the following forfeitures for 
apparent violations within the last year: (1) $100,000 for 
failure to register; (2) $250,000 for failure to file five annual 
or quarterly Telecommunications Reporting Worksheets; (3) 
$308,000 for failure to make any monthly USF contributions; (4) 
$14,000 for failure to pay the 2004 TRS Fund contribution; (5) 
$10,000 for failure to make its 2005 NANPA contribution; and (6) 
$10,000 for failure to make its 2004 regulatory fee program 
payment.  Although we propose forfeitures only for apparent 
violations within the last year, we discuss below the history of 
Teletronics' noncompliance in prior years as useful background 
and to demonstrate the scope of Teletronics' misconduct.

     A.   Registration with the Commission 

     17.   We conclude that Teletronics has apparently violated 
section 64.1195(a) of the Commission's rules by willfully and 
repeatedly failing to register with the Commission from 2001 to 
the present.43  Teletronics' failure to register constitutes a 
clear violation of a vital Commission rule.  Section 64.1195(a) 
of the Commission's rules unambiguously requires that all 
carriers that provide, or plan to provide, interstate 
telecommunications services register with the Commission by 
submitting specified information.44  Although Teletronics began 
to resell interstate and international service at some point in 
1999, it has never registered by filing an initial 
Telecommunications Reporting Worksheet since the effective date 
of that obligation, April 2, 2001.  It has persisted in this 
failure even after it received the Bureau's March 30 Audit Letter 
and June 18 Audit Letter.  Moreover, it specifically represented 
through counsel to the Bureau staff auditor that it would 
register by September 16, 2004, yet it admitted in the 
Teletronics November 24 Letter that it had not registered.  As a 
direct result of this misconduct, Teletronics has operated for 
years without participation in any of the programs tied to 
registration.45  

     18.    We view Teletronics' failure to register since April 
2, 2001 as a serious violation of its responsibilities under the 
Act and our rules.  A carrier's compliance with the Commission's 
registration requirement is central to the administration of the 
Universal Service, TRS and NANPA programs, collection of 
regulatory fees, and accomplishment of Congress' objectives in 
sections 9(a)(1), 254(d), 225(b)(1), and 251(e) of the Act.  As 
we noted above, a carrier's duty to register upon entry, or 
anticipated entry, into interstate telecommunications markets is 
essential to the fulfillment of the USF and other program 
missions because it identifies the company to the various program 
administrators and brings the company within the purview and 
oversight of these administrators.  If a carrier never identifies 
itself as a telecommunications provider by properly registering 
under the Commission's rules, then neither the Commission nor the 
various program administrators can ascertain whether that carrier 
has fulfilled other regulatory obligations, including the 
requirement that carriers file Worksheets and contribute to USF, 
TRS, NANPA and regulatory fee programs.  Moreover, the program 
administrators have no basis upon which to invoice the carrier 
for contributions.  A telecommunications carrier that fails to 
register thus can operate outside of the Commission's oversight 
and evade its federal obligations to contribute toward the vital 
programs linked to registration.  Based on a preponderance of the 
evidence, therefore, we find that Teletronics has apparently 
violated section 64.1195(a) of the Commission's rules by 
willfully and repeatedly failing to register with the Commission.

     19.  Teletronics has failed to cure this apparent violation 
despite the Bureau's repeated inquiries.  We note that, to the 
extent Teletronics refuses to comply with the Commission's rules 
on a going-forward basis, it may subject itself to additional 
enforcement action.  In addition, we note that, to the extent 
Teletronics is found to be delinquent on any debt owed to the 
Commission (e.g., has failed to pay all of its USF 
contributions), the Commission will not act on, and may dismiss, 
any application or request for authorization filed by 
Teletronics, in accordance with the agency's ``red light'' 
rules.46

     B.   Submission of Telecommunications Reporting Worksheets  

     20.  We conclude that Teletronics has apparently violated 
sections 54.711(a), 64.604(c)(5)(iii)(B) and 52.17(b) of the 
Commission's rules by willfully and repeatedly failing to file 
annual and quarterly Telecommunications Reporting Worksheets.  
Teletronics has violated these rules since 1999 when it began 
providing telecommunications service.47   

     21.  Sections 54.711(a), 64.604(c)(5)(iii)(B) and 52.17(b) 
of the Commission's rules each clearly establish a carrier's 
obligation to file periodic Telecommunications Reporting 
Worksheets. 48  A carrier's failure to file these Worksheets as 
required has serious implications for the USF, TRS, NANPA and 
regulatory fee programs.  As we noted above, the filing of a 
Telecommunications Reporting Worksheet prompts a determination of 
liability for, and subsequent billing and collection of, 
regulatory fees and contributions by the various administrators 
of the Universal Service and TRS Funds, and NANPA cost recovery 
mechanisms.  With regard to universal service in particular, the 
failure of a carrier such as Teletronics to abide by its federal 
filing obligation has a direct and profound detrimental impact on 
universal service by removing from the base of contributions 
telecommunications revenues that otherwise should be included, 
thereby shifting to compliant carriers additional economic 
burdens associated with universal service.49  Consequently, a 
carrier's failure to file required Worksheets frustrates the very 
purpose for which Congress enacted section 254(d) - to ensure 
that every interstate carrier ``contribute, on an equitable and 
nondiscriminatory basis, to the specific, predictable, and 
sufficient mechanisms established by the Commission to preserve 
and advance universal service.''50  Viewed in this context, the 
Telecommunications Reporting Worksheet is not simply an 
administrative tool, but a fundamental and critical component of 
the Commission's universal service, TRS, NANPA and regulatory fee 
programs.

     22.  Since the date Teletronics began providing interstate 
and international telecommunications service in 1999, it had an 
obligation to file annual and quarterly Telecommunications 
Reporting Worksheets in order to participate in the applicable 
USF, TRS, NANPA and regulatory fee programs.  Moreover, 
Teletronics has failed to cure these deficiencies despite the 
Bureau's repeated contacts.    Based on a preponderance of the 
evidence, therefore, we find that Teletronics has apparently 
violated sections 54.711(a), 64.604(c)(5)(iii)(B) and 52.17(b) of 
the Commission's rules by willfully and repeatedly failing to 
file annual and quarterly Telecommunications Reporting 
Worksheets, since it began providing telecommunications service 
in 1999, to the date of this NAL.  The NAL proposes a forfeiture 
for Teletronics' failure to file the worksheets due August 1 and 
November 1, 2004 and February 1, April 1, and May 1, 2005.   

     C.   Failure to Make Universal Service Contributions 

     23.  We further conclude that Teletronics has apparently 
violated section 254(d) of the Act and section 54.706(a) of the 
Commission's rules by willfully or repeatedly failing to make any 
contributions to universal service support mechanisms.51  Section 
54.706(c) of the Commission's rules unambiguously directs that 
``entities [providing] interstate telecommunications to the 
public . . . for a fee . . . contribute to the universal service 
support programs.''52  ``Interstate telecommunications'' include, 
among other things, ``resale of interstate services'' such as 
those provided by Teletronics.53  During the relevant period, 
Teletronics was required, pursuant to section 54.706(b) of the 
Commission's rules, to contribute to universal service mechanisms 
based upon either its historical or projected revenues.54  
Teletronics admits, however, that it has not made any universal 
service payments.55  As we previously have stated: 

       [c]arrier nonpayment of universal service 
       contributions undermines the efficiency and 
       effectiveness of the universal service support 
       mechanisms.  Moreover, delinquent carriers may 
       obtain a competitive advantage over carriers 
       complying with the Act and our rules.  We consider 
       universal service nonpayment to be a serious threat 
       to a key goal of Congress and one of the 
       Commission's primary responsibilities.56  

Since Teletronics admits it has not made any universal service 
payments, we find that it has apparently violated section 254(d) 
of the Act and section 54.706(a) of the Commission's rules by 
willfully and repeatedly failing to make required universal 
service contributions, including twelve such failures within the 
past year which are the subject of this NAL.   

     D.   Failure to Make Telecommunications Relay Service 
Contributions

     24.   We also find that Teletronics has apparently violated 
section 64.604(c)(5)(iii)(A) of the Commission's rules by 
willfully and repeatedly failing to make any required 
contributions to the interstate TRS Fund.57  As an interstate 
telecommunications carrier, Teletronics was obligated to 
contribute to the TRS Fund on the basis of its interstate end-
user telecommunications revenues.58  A carrier's contribution to 
the TRS Fund is based upon its subject revenues for the prior 
calendar year and a contribution factor determined annually by 
the Commission.59  Subject carriers must make TRS contributions 
on an annual basis, with certain exceptions.60  By its own 
admission, Teletronics has not made any TRS payments.61  We 
therefore find that it has apparently violated section 
64.604(c)(5)(iii)(A) of the Commission's rules by willfully and 
repeatedly failing to make required TRS contributions, including 
one such failure in the past year which is the subject of this 
NAL.

     E.   Failure to Make Numbering Administration Contributions

     25.   We further find that Teletronics has apparently 
violated section 251(e)(2) of the Act and section 52.17(a) of the 
Commission's rules62 by willfully and repeatedly failing to make 
any required contributions toward the costs of numbering 
administration  As a telecommunications carrier, Teletronics was 
obligated to contribute to NANPA cost recovery mechanisms on the 
basis of its end-user telecommunications revenues during this 
period.63  As Teletronics admits, it has not made any NANPA 
payments.64  We therefore conclude that it has apparently 
violated section 251(e)(2) of the Act and section 52.17(a) of the 
Commission's rules by willfully and repeatedly failing to make 
required NANPA contributions, including one such failure in the 
past year which is the subject of this NAL. 

     F.   Failure to Pay Regulatory Fees

     26.   We finally conclude that Teletronics has apparently 
violated sections 1.1154 and 1.1157(b)(1) of the Commission's 
rules65 by willfully and repeatedly failing to pay required 
regulatory fees to the Commission on the basis of its interstate 
and international end-user revenues.  As Teletronics 
acknowledges, it has not paid any regulatory fees.66  We 
therefore find that it has apparently violated sections 1.1154 
and 1.1157(b)(1) of the Commission's rules by willfully and 
repeatedly failing to pay required regulatory fees, including one 
such failure in the last year which is the subject of this NAL. 

     G.   Proposed Forfeiture

     27.   Section 503(b)(1)(B) of the Act provides that any 
person that willfully or repeatedly fails to comply with any 
provision of the Act or any rule, regulation, or order issued by 
the Commission, shall be liable to the United States for a 
forfeiture penalty.67  For the apparent violations in this case, 
section 503(b)(2)(B) of the Act authorizes the Commission to 
assess a forfeiture of up to $120,000 for each violation or each 
day of a continuing violation, up to a statutory maximum of $1.2 
million for a single act or failure to act for violations 
occurring before September 7, 2004, and up to $130,000 for each 
violation or each day of a continuing violation, up to a 
statutory maximum of $1.325 million for a single act or failure 
to act for violations occurring on or after September 7, 2004.68  
In determining the appropriate forfeiture amount, we consider the 
factors enumerated in section 503(b)(2)(D) of the Act, including 
``the nature, circumstances, extent and gravity of the violation, 
and, with respect to the violator, the degree of culpability, any 
history of prior offenses, ability to pay, and such other matters 
as justice may require.''69

     28.   Under section 503(b)(6) of the Act, we may only 
propose forfeitures for apparent violations that accrued within 
one year of the date of this NAL.70  Nevertheless, section 503 
does not bar us from assessing whether Teletronics' conduct prior 
to that time period apparently violated the Act or our rules in 
determining the appropriate forfeiture amount for those 
violations within the statute of limitations.71  Therefore, 
although we find that Teletronics apparently violated the Act and 
our rules in multiple years, we propose forfeitures here only for 
violations that occurred within the last year.

     29.   In contrast to previous cases in which we have taken 
enforcement action for failure to satisfy universal service 
obligations,72 this case involves a carrier that has never 
registered and submitted any periodic Telecommunications 
Reporting Worksheets from the time it commenced providing 
telecommunications service until the present, in this case a 
period of over five years.  These failures have continued 
notwithstanding the Bureau's multiple notifications to 
Teletronics and Teletronics' own acknowledgement of its 
obligations and omissions.  Thus, we find Teletronics' failure to 
register to be particularly egregious.  As we stated above, 
registration is fundamental to the implementation of our central 
repository of carriers and to the administration of multiple 
statutorily-derived programs ¾ the Universal Service Fund, the 
Telecommunications Relay Service Fund, North American Numbering 
Plan Administration cost recovery mechanisms, and the regulatory 
fee program.  Where, as here, a carrier ignores its obligations 
by wholly failing to register, it undermines the programs and 
thwarts the purposes for which Congress and the Commission 
established them.   

     30.  The Commission's Forfeiture Policy Statement and 
implementing rules prescribe a base forfeiture of $3,000 for 
failure to file required forms or information.73  In the past, we 
have held that a substantial upward adjustment to $50,000 is 
warranted for a carrier's failure to file its Telecommunications 
Reporting Worksheets for revenue reporting purposes.74  We find 
that failure to register is an even more egregious violation.  By 
ignoring its registration obligation, Teletronics not only has 
violated our rules with significant ramifications for federal 
telecommunications policies, but has also hampered efficient and 
effective Commission enforcement by delaying detection of, and 
action against, its behavior.  Moreover, carriers' failure to 
register imposes a substantial burden on the Commission, which 
can only identify such carriers through compliance review 
programs that require significant amounts of staff time and 
resources.  This egregious behavior strikes at the core of our 
ability to implement and enforce the Act and our rules 
effectively, thus warranting a substantial forfeiture.  Taking 
into account all of the factors enumerated in section 
503(b)(2)(D) of the Act, we conclude that a proposed forfeiture 
of $100,000 for willful and repeated failure to register is 
warranted. 

     31.  We find that Teletronics' willful and repeated failure 
to file periodic Telecommunications Reporting Worksheets is also 
egregious. As we noted above, a carrier's obligation to file 
these Worksheets is directly linked to, and thus has serious 
implications for, administration of the USF, TRS, NANPA and 
regulatory fee programs.  By ignoring its reporting obligations, 
Teletronics has unilaterally shifted to compliant carriers and 
their customers the economic costs associated with the universal 
service, TRS and NANPA programs, despite the fact that it has 
enjoyed many of the benefits derived from them.  As noted above, 
in the past, the Commission has proposed a forfeiture of $50,000 
for failure to file quarterly and annual Worksheets.75  
Accordingly, we find that Teletronics is apparently liable for a 
$250,000 forfeiture for its failure to file its annual and four 
quarterly Worksheets within the past year.

     32.  Based on the facts above, it also appears that 
Teletronics has failed to make any requisite contributions into 
the Universal Service Fund since 1999.  Nonpayment of universal 
service contributions is an egregious offense that bestows on 
delinquent carriers an unfair competitive advantage by shifting 
to compliant carriers the economic costs and burdens associated 
with universal service.  A carrier's failure to make required 
universal service contributions hampers realization of Congress' 
policy objective in section 254(d) of the Act to ensure the 
equitable and non-discriminatory distribution of universal 
service costs among all telecommunications providers.76  The 
Commission has established a base forfeiture amount of $20,000 
for each month in which a carrier has failed to make any required 
universal service contributions.77  Teletronics has admitted that 
it has not made any contributions to USF.  Consequently, we find 
that Teletronics is apparently liable for a base forfeiture of 
$240,000 for its failure to make any universal service 
contributions within the past 12 months.  That base amount is, 
however, subject to an upward adjustment.   

     33.   In the past, we have calculated upward adjustments to 
forfeitures for failure to make USF and TRS payments based on a 
percentage of the company's unpaid contributions.78  In 
situations such as this one, however, where the subject company 
has failed to file any information, we cannot determine the full 
amount owed to the funds until and unless the subject company 
provides complete and accurate information to the fund 
administrators.  Thus, our ability to calculate and assess 
accurately an upward adjustment based on a percentage of unpaid 
contribution amounts can be inhibited by the violator.  In such 
circumstances, companies that comply with our registration and 
filing requirements might be worse off than those, like 
Teletronics, that appear to ignore them.  Such a result is not 
only unfair, but is bad public policy.  During the course of our 
investigation, however, we received some revenue information that 
we will use to estimate the amount Teletronics should have paid 
in USF contributions since it began operations (approximately 
$135,000) for purposes of calculating an upward adjustment of 
about half of that amount.  Therefore, we propose an upward 
adjustment of $68,000 for Teletronics' apparent nonpayment 
violations, taking into account all the factors enumerated in 
section 503(b)(2)(D) of the Act, and particularly Teletronics' 
telecommunications service revenue and ability to pay.  We thus 
find Teletronics liable for a total proposed forfeiture of 
$308,000 for its apparent willful and repeated failure to make 
contributions into the Universal Service Fund.

     34.   We also find that Teletronics has apparently failed to 
make any TRS contributions since 1999.  Where a carrier fails to 
satisfy its TRS obligations for an extended period of time, it 
thwarts the purpose for which Congress established section 
225(b)(1) of the Act and its implementing  regulations ¾ to 
ensure that telecommunications relay services ``are available to 
the extent possible and in the most efficient manner, to hearing-
impaired and speech-impaired individuals in the United 
States.''79  The Commission has established a base forfeiture 
amount of $10,000 for each instance in which a carrier fails to 
make required TRS contributions.80  In light of Teletronics' 
failure to satisfy any TRS obligations since 1999, including the 
one for 2004, we find it apparently liable for a forfeiture in 
the amount of $10,000.  For the reasons discussed above regarding 
Teletronics' failure to make universal service contributions, and 
consistent with past Commission precedent,81 we find that an 
upward adjustment in an amount approximately one half of the 
carrier's estimated unpaid contributions (approximately $8,000) 
is appropriate for Teletronics' apparent failure to make TRS 
contributions.  Taking into account the factors enumerated in 
section 503(b)(2)(D) of the Act, we conclude that a $4,000 upward 
adjustment is reasonable.  Consequently, we find Teletronics 
liable for a total proposed forfeiture of $14,000 for its willful 
and repeated failure to satisfy its TRS obligations for 2004.

     35.   We further conclude that Teletronics apparently failed 
to make any contributions toward NANPA cost recovery mechanisms 
on the basis of its actual end-user telecommunications revenues 
since 1999.  As with universal service and TRS, the failure of 
carriers to make required NANPA contributions for an extended 
period of time severely hampers the Commission's ability to 
ensure that the cost of establishing telecommunications numbering 
administration arrangements are ``borne by all telecommunications 
carriers on a competitively neutral basis'' as Congress 
envisioned.82  The Commission has not prescribed a base 
forfeiture amount for failure to pay NANPA contributions.  We 
find that this violation is similar to the failure to pay 
required TRS contributions, which are relatively smaller than 
universal service contributions.  Consequently, we find that 
Teletronics is apparently liable for a forfeiture of $10,000.  

     36.   Finally, we conclude that Teletronics has apparently 
failed to make any regulatory fee payments to the Commission on 
the basis of its actual interstate and international end-user 
telecommunications revenues since 1999.  A carrier's failure to 
contribute toward the costs of certain regulatory activities from 
which it benefits undermines the efficiency, equitability, and 
effectiveness of the regulatory fee program and accomplishment of 
Congress' objectives in section 9(a)(1) of the Act.  The 
Commission has not established a base forfeiture amount for 
failure to pay regulatory fees.  Regulatory fee obligations, 
however, are similar to TRS contributions in that they are due 
annually and are assessed at similar rates.83  For this reason, 
we find that a base forfeiture in the amount of $10,000 for 
failure to make required regulatory fee payments is appropriate.  
We, therefore, find Teletronics apparently liable for a $10,000 
forfeiture for its apparent violation of  sections 1.1154 and 
1.1157 of the Commission's rules.

IV.  CONCLUSION

     37.   In light of the seriousness, duration and scope of the 
apparent violations, and to ensure that a company with 
substantial revenues such as Teletronics does not consider the 
proposed forfeiture merely ``an affordable cost of doing 
business,''84 we find that a proposed forfeiture in the amount of 
$692,000 is warranted.  As discussed, this proposed forfeiture 
amount includes: (1) a total penalty of $100,000 for Teletronics' 
apparent failure to register with the Commission as required by 
the Commission's rules; (2) a total penalty of $250,000 for 
Teletronics' apparent failure to file five Telecommunications 
Reporting Worksheets within the last year as required by the 
Commission's rules; (3) a total penalty of $308,000 for 
Teletronics' apparent failure to make required universal service 
contributions for 12 months within the last year on the basis of 
its end-user telecommunications revenues;  (4) a total penalty of 
$14,000 for Teletronics' apparent failure to make TRS 
contributions within the last year on the basis of its interstate 
end-user telecommunications revenues; (5) a total penalty of 
$10,000 for Teletronics' apparent failure to make NANPA 
contributions within the last year on the basis of its end-user 
telecommunications revenues; and (6) a total penalty of $10,000 
for Teletronics' apparent failure to make regulatory fee payments 
within the last year on the basis of its interstate and 
international end-user telecommunications revenues.  

     38.   We caution that additional violations of the Act or 
the Commission's rules could subject Teletronics to further 
enforcement action.  Such action could take the form of higher 
monetary forfeitures and/or possible revocation of Teletronics' 
operating authority, including disqualification of Teletronics' 
principals from the provision of any interstate common carrier 
services without the prior consent of the Commission.85  In 
addition, we note that, to the extent Teletronics is found to be 
delinquent on any debt owed to the Commission (e.g., has failed 
to pay all of its USF contributions), the Commission will not act 
on, and may dismiss, any application or request for authorization 
filed by Teletronics, in accordance with the agency's ``red 
light'' rules.86  We order Teletronics to submit within thirty 
days, either as part of its response to this NAL or separately, a 
report, supported by a sworn statement or declaration under 
penalty of perjury of a corporate officer, stating its plan to 
come into compliance with the relevant payment and reporting 
rules discussed herein.  We further order Teletronics to file 
with USAC within thirty days all Annual Telecommunications 
Reporting Worksheets required under the Commission's rules from 
the date it began providing telecommunications service in the 
United States to the date of this NAL.  
V.   ORDERING CLAUSES

     39.   ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 
503(b) of the Communications Act of 1934, as amended,87 and 
section 1.80 of the Commission's rules,88 that Teletronics, Inc. 
is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in 
the amount of $692,000 for willfully and repeatedly violating the 
Act and the Commission's rules.

     40.   IT IS FURTHER ORDERED THAT, pursuant to section 1.80 
of the Commission's Rules,89 within thirty days of the release 
date of this NOTICE OF APPARENT LIABILITY, Teletronics, Inc. 
SHALL PAY the full amount of the proposed forfeiture or SHALL 
FILE a written statement seeking reduction or cancellation of the 
proposed forfeiture.

     41.   IT IS FURTHER ORDERED THAT, pursuant to sections 4(i), 
9(a)(1), 219(b), 254(d), 225(b)(1), and 251(e)(2) of the Act, 47 
U.S.C. §§ 4(i), 159(a)(1), 219(b), 254(d), 225(b)(1), 251(e)(2), 
and sections 54.706(a), 64.604(c)(5)(iii), 52.17, 54.711(a), 
64.1195(a), 1.1154, and 1.1157(b)(1) of the Commission's rules, 
47 C.F.R. §§ 54.706(a), 64.604(c)(5)(iii), 52.17, 54.711(a), 
64.1195(a), 1.1154, and 1.1157(b)(1), within thirty days of the 
release of this NOTICE OF APPARENT LIABILITY AND ORDER, 
Teletronics, Inc. SHALL SUBMIT a report, supported by a sworn 
statement or declaration under penalty of perjury by a corporate 
officer, stating its plan promptly to come into compliance with 
the payment and reporting rules discussed herein.  Teletronics, 
Inc. also SHALL SUBMIT to the Universal Service Administrative 
Company within thirty days all Annual Telecommunications 
Reporting Worksheets required under the Commission's rules from 
the date Teletronics, Inc. began providing telecommunications 
service in the United States to the date of this NAL.

     42.   Payment of the forfeiture must be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission.  The payment must include the 
NAL/Acct. No. and FRN No. referenced above.  Payment by check or 
money order may be mailed to Federal Communications Commission, 
P.O. Box 358340, Pittsburgh, PA 15251-8340.  Payment by overnight 
mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 
1540670, Pittsburgh, PA 15251.   Payment by wire transfer may be 
made to ABA Number 043000261, receiving bank Mellon Bank, and 
account number 911-6106.  

     43.   The response, if any, to this NOTICE OF APPARENT 
LIABILITY must be mailed to William H. Davenport, Chief, 
Investigations and Hearings Division, Enforcement Bureau, Federal 
Communications Commission, 445 12th Street, S.W., Washington, 
D.C.  20554 and must include the NAL/Acct. No. referenced above.

     44.   The Commission will not consider reducing or canceling 
a forfeiture in response to a claim of inability to pay unless 
the petitioner submits:  (1) federal tax returns for the most 
recent three-year period; (2) financial statements prepared 
according to generally accepted accounting practices (GAAP); or 
(3) some other reliable and objective documentation that 
accurately reflects the petitioner's current financial status.  
Any claim of inability to pay must specifically identify the 
basis for the claim by reference to the financial documentation 
submitted.

     45.   Requests for payment of the full amount of this NAL 
under an installment plan should be sent to Chief, Credit and 
Management Center, 445 12th Street, S.W., Washington, D.C.  
20554.90

     46.   IT IS FURTHER ORDERED that a copy of this NOTICE OF 
APPARENT LIABILITY AND ORDER shall be sent by certified mail, 
return receipt requested, to Gale Kenney, Chief Executive 
Officer, Teletronics, Inc., 1200 Valley Belt Road, Cleveland, 
Ohio 44131, and David A. Ferris, Counsel for Teletronics, Inc., 
Ferris and Neuman, L.L.P., 2733 West Dublin-Granville Road, 
Columbus, Ohio 43235. 


                         FEDERAL COMMUNICATIONS COMMISSION


                         Marlene H. Dortch
                         Secretary
_________________________

1 47 C.F.R. §§ 64.1195(a).  
2 47 C.F.R. §§ 54.711(a), 64.604(c)(5)(iii)(B), 52.17(b).
3 47 U.S.C. §§ 254(d), 251(e)(2).  
4 47 C.F.R. §§ 54.706(a), 64.604(c)(5)(iii)(A), 52.17(a).
5 47 C.F.R. §§ 1.1154, 1.1157(b)(1).
6 The Commission has appointed USAC as the administrator of 
federal universal service support mechanisms and has made it 
responsible for billing and collection.  47 C.F.R. §§ 54.701(a), 
54.702(b).
7     See www.teletronics-inc.com.
8     See Letter from David A. Ferris, Counsel for Teletronics, 
Inc., Ferris and Neuman, L.L.P, to Gerald H. Chakerian, Attorney, 
Investigations and Hearings Division, Enforcement Bureau, FCC, 
dated November 24, 2004.  Because this letter did not specify the 
exact dates in 1999 that Teletronics began interstate and 
international services, the applicability of regulatory 
provisions that became effective during that year has not yet 
been fully determined.  
9 See, e.g., 47 U.S.C. § 151.
10   See Implementation of the Subscriber Carrier Selection 
Provisions of the Telecommunications Act of 1996, 15 FCC Rcd 
15996, 16024 (2000) (``Carrier Selection Order'').
11   See 47 U.S.C. §§ 9(a),(b); 225(d)(3); 251(e)(2); 254(d).  In 
1999, to streamline the administration of the programs and to 
ease the burden on regulatees, the Commission consolidated the 
information filing requirements for multiple telecommunications 
regulatory programs into the annual Telecommunications Reporting 
Worksheet.  See 1998 Biennial Regulatory Review, Report and 
Order, 14 FCC Rcd 16602 (1999).  The next year the Commission 
revised the Telecommunications Reporting Worksheet slightly to 
collect the additional information necessary to achieve its goal 
of establishing a central repository for interstate 
telecommunications providers by the least provider-burdensome 
method.  Carrier Selection Order, 15 FCC Rcd at 16026.  
12The Telecommunications Act of 1996 amended the Communications 
Act of 1934.  See Telecommunications Act of 1996, Pub. L. No. 
104-104, 110 Stat. 56 (1996) (``1996 Act'').
1347 U.S.C. § 254(d).  
1447 C.F.R. § 54.706(b).  Beginning April 1, 2003, carrier 
contributions were based on a carrier's projected, rather than 
historical, revenues.  Id.
1547 U.S.C. § 225(b)(1).
16See Telecommunications Relay Services and the Americans with 
Disabilities Act of 1990, Third Report and Order, 8 FCC Rcd 5300, 
5301, ¶ 7 (1993) (``TRS III Order'').  Telecommunications relay 
services enable persons with hearing and speech disabilities to 
communicate by telephone with persons who may or may not have 
such disabilities.  Such services provide telephone access to a 
significant number of Americans who, without it, might not be 
able to make or receive calls from others.  See 
Telecommunications Relay Services and Speech-to-Speech Services 
for Individuals with Hearing and Speech Disabilities, Report and 
Order, 15 FCC Rcd 5140, 5143, ¶ 5 (2000).  NECA currently is 
responsible for administering the TRS Fund.
1747 C.F.R. § 64.604(c)(5)(iii)(A).  
1847 U.S.C. § 251(e)(1).
1947 U.S.C. § 251(e)(2).
2047 C.F.R. § 52.17(a).
21Section 9(a)(1) of the Act directs the Commission to ``assess 
and collect regulatory fees to recover the costs of the following 
regulatory activities of the Commission:  enforcement activities, 
policy and rulemaking activities, user information services, and 
international activities.''  47 U.S.C. § 159(a)(1); see also 47 
C.F.R. § 1.1151.
22See 47 C.F.R. §§ 1.1154, 1.1157(b)(1).
2347 C.F.R. § 1.1157(b)(1).  Section 1.1154 of the Commission's 
rules sets forth the schedule of annual regulatory charges and 
filing locations for common carrier services.  See 47 C.F.R. § 
1.1154.
24See 47 U.S.C. §§ 159(c)(1), (c)(3).
25   47 C.F.R. § 1.1910.  The rule went into effect on November 
1, 2004.  See ``FCC Announces Brief Delay in Enforcement of Red 
Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004).
26   Individual universal service contribution amounts that are 
based upon quarterly filings are subject to an annual true-up.  
See Federal-State Joint Board on Universal Service, Petition for 
Reconsideration filed by AT&T, Report and Order and Order on 
Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting 
Order''); 47 C.F.R. § 54.709(a).  
27    See Globcom, Inc., Notice of Apparent Liability for 
Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) 
(``Globcom''); 47 C.F.R. § 54.711(a) (``The Commission shall 
announce by Public Notice published in the Federal Register and 
on its website the manner of payment and the dates by which 
payments must be made.'').  See, e.g., ``Proposed Third Quarter 
2003 Contribution Factor,'' Public Notice, 18 FCC Rcd 11442 
(2003) (``Contribution payments are due on the date shown on the 
[USAC] invoice.'')  The Act and our rules, however, do not 
condition payment on receipt of an invoice or other notice from 
USAC.  See 47 U.S.C. § 254(d); 47 C.F.R. § 54.706(b).  A carrier 
that does not file may fail to receive an invoice from USAC, but 
is nonetheless required to contribute to the universal service 
fund, unless its revenues are considered de minimus.  The 
instructions for the Telecommunications Reporting Worksheet 
include tables for carriers to determine their annual 
contributions.  
28   47 C.F.R. § 54.713.
29   See 47 C.F.R. §§ 52.17(b), 64.604(c); Assessment and 
Collection of Regulatory Fees for Fiscal Year 2004, 19 FCC Rcd 
11662, 11675, 11717 (2004).  
30   See 47 C.F.R. § 64.1195(a).
31   See Letter from Hugh L. Boyle, Chief Auditor, Investigations 
and Hearings Division, Enforcement Bureau, FCC, to Teletronics, 
Inc., dated March 30, 2004 (requesting confirmation that 
Teletronics had filed registration information pursuant to 
section 64.1195(a) of the Commission's rules) (``March 30 Audit 
Letter''); Letter from Hugh L. Boyle, Chief Auditor, 
Investigations and Hearings Division, Enforcement Bureau, FCC, to 
Teletronics, Inc., dated June 18, 2004 (again requesting 
confirmation that Teletronics had filed registration information 
pursuant to section 64.1195(a) of the Commission's rules) (``June 
18 Audit Letter'').
32    See Letter from David A. Ferris, Counsel for Teletronics, 
Inc., Ferris and Neuman, L.L.P., to Andrew Skadin, Auditor, 
Investigations and Hearings Division, Enforcement Bureau, FCC, 
dated July 12, 2004 (``Teletronics July 12 Letter'').  The 
Teletronics July 12 Letter references, (1) the March 30 Audit 
Letter, (2) Teletronics' e-mail responses thereto on May 12 and 
18, 2004 (copies of which are attached), and (3) the June 18 
Audit Letter.     
33    See Letter from Hillary DeNigro, Deputy Chief, 
Investigations and Hearings Division, Enforcement Bureau, FCC, to 
Gale Kenney, Chief Executive Officer, Teletronics, Inc., dated 
October 28, 2004 (``LOI'').
34    See Letter from David A. Ferris, Counsel for Teletronics, 
Inc., Ferris and Neuman, L.L.P, to Gerald H. Chakerian, Attorney, 
Investigations and Hearings Division, Enforcement Bureau, FCC, 
dated November 24, 2004 (``Teletronics November 24 Letter''); 
Letter from David A. Ferris, Counsel for Teletronics, Inc., 
Ferris and Neuman, L.L.P., to Gerald H. Chakerian, Attorney, 
Investigations and Hearings Division, Enforcement Bureau, FCC, 
dated January 3, 2005 (``Teletronics January 3 Letter'').
35   See Teletronics November 24 Letter, Responses to Inquiries 
Nos. 4, 7-13. 
3647 U.S.C. § 503(b)(1)(B); 47 C.F.R. § 1.80(a)(1).  Section 
312(f)(1) of the Act defines willful as ``the conscious and 
deliberate commission or omission of [any] act, irrespective of 
any intent to violate'' the law.  47 U.S.C. § 312(f)(1).  The 
legislative history to section 312(f)(1) of the Act clarifies 
that this definition of willful applies to both sections 312 and 
503(b) of the Act, H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 
(1982), and the Commission has so interpreted the term in the 
section 503(b) context.  See, e.g., Application for Review of 
Southern California Broadcasting Co., Memorandum Opinion and 
Order, 6 FCC Rcd 4387, 4388 (1991) (``Southern California 
Broadcasting Co.'').  The Commission may also assess a forfeiture 
for violations that are merely repeated, and not willful.  See, 
e.g., Callais Cablevision, Inc., Grand Isle, Louisiana, Notice of 
Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359 
(2001) (issuing a Notice of Apparent Liability for, inter alia, a 
cable television operator's repeated signal leakage).  
``Repeated'' means that the act was committed or omitted more 
than once, or lasts more than one day.  Callais Cablevision, 
Inc., 16 FCC Rcd at 1362, ¶ 9; Southern California Broadcasting 
Co., 6 FCC Rcd at 4388, ¶ 5.
3747 U.S.C. § 503(b); 47 C.F.R. § 1.80(f).
38See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC 
Rcd 7589, 7591, ¶ 4 (2002) (forfeiture paid).
39   47 U.S.C. §§ 254(d), 251(e)(2).
4047 C.F.R. §§ 64.1195(a), 54.711(a), 64.604(c)(5)(iii), 52.17, 
54.706(a), 1.1154, 1.1157(b)(1).
41   47 U.S.C. §§ 254(d), 251(e)(2).
4247 C.F.R. §§ 64.1195(a), 54.711(a), 64.604(c)(5)(iii), 52.17, 
54.706(a), 1.1154, 1.1157(b)(1). 
43    47 C.F.R. § 64.1195(a); Carrier Selection Order, 15 FCC Rcd 
15996, 16025 (requiring existing carriers to register on the date 
the new registration requirement becomes effective by means of 
certain information in a Form 499-A); 66 FR 17083 (2001) 
(announcing that the OMB approved information collection 
requirement in section 64.1195 of our rules would take effect on 
April 2, 2001).  
44 Id.  The Commission adopted the registration requirement in 
section 64.1195(a) after finding that such a requirement would 
enable it to better monitor the entry of carriers into the 
interstate telecommunications market and any associated increases 
in slamming activity, and, among other things, would enhance the 
Commission's ability to take appropriate enforcement action 
against carriers that have demonstrated a pattern or practice of 
slamming.  See Carrier Selection Order,15 FC Rcd at 16024 ¶ 62.
45   Teletronics' compliance with the registration requirement 
that became effective April 2, 2001 would have alerted program 
administrators that it had operated without participation in any 
of the programs since it began providing interstate service in 
1999. 
46   47 C.F.R. § 1.1910.
47   See 47 C.F.R. §§ 54.711(a), 64.604(c)(5)(iii)(B), 52.17(b); 
64 Fed. Reg. 41320-01 (Jul. 30, 1999).
48   Id.
49   Sixty days prior to the start of each quarter, USAC is 
required to provide the Commission with a projection of the high 
cost, low income, schools and libraries, and rural health care 
funding requirements for the following quarter.  See 
www.universalservice.org/overview/filings.  Based on USAC's 
projection of the needs of the Universal Service Fund, and 
revenue projections from the registered carriers subject to 
universal service requirements, the Commission establishes a 
specific percentage of interstate and international end-user 
revenues that each subject telecommunications provider must 
contribute toward the Fund.  This percentage is called the 
contribution factor.  The contribution factor, and, consequently, 
the amount owed to the Fund by each affected telecommunications 
company, changes each quarter, depending on the needs of the 
Universal Service Fund and carrier-provided revenue projections.  
See www.fcc.gov/wcb/universal_service/quarter.  Thus, in cases 
where a carrier, such as Teletronics, fails to file required 
Worksheets reporting its revenue projections in a timely fashion, 
its revenues are excluded from the contribution base from which 
universal assessments are derived, and the economic burden of 
contributing to the Fund falls disproportionately on carriers 
that have satisfied their reporting obligations.   
5047 U.S.C. § 254(d).
5147 U.S.C. § 254(d); 47 C.F.R. § 54.706(c).  
5247 C.F.R. § 54.706(c).  
53See 47 C.F.R. § 54.706(a)(16).  
54See 47 C.F.R. § 54.706(c).  
55    Teletronics November 24 Letter, Response to Inquiry No. 9.
56Globcom, 18 FCC Rcd at 19903 ¶ 26.
5747 C.F.R. § 64.604(c)(5)(iii)(A).
58Id. Each subject carrier must contribute at least $25 per 
year.  Carriers whose annual contributions are less than $1,200 
must pay the entire amount at the beginning of the contribution 
period.  47 C.F.R. § 64.604(c)(5)(iii)(B).  Otherwise, carriers 
may divide their contributions into equal monthly payments.  Id
59Id.
60   Id..  
61    Teletronics November 24 Letter, Response to Inquiry No. 10.
6247 U.S.C. § 251(e)(2); 47 C.F.R. § 52.17(a).
63Id. § 52.17(a).  In particular, contributions to support 
numbering administration are based upon a carrier's end-user 
telecommunications revenues for the prior calendar year and a 
contribution factor determined annually by the Chief of the 
Wireline Competition Bureau, but in no event will be less than 
$25.  Id.  NANPA contributions are due on an annual basis, with 
certain exceptions.
64    Teletronics November 24 Letter, Response to Inquiry No. 11. 
6547 C.F.R. §§ 1.1154, 1.1157.  Payments of standard regulatory 
fees applicable to common carrier services must be filed in full 
on an annual basis.  Id. § 1.1157(b)(1).
66    Teletronics November 24 Letter, Response to Inquiry No. 13.
6747 U.S.C. § 503(b)(1)(B); see also 47 C.F.R. § 1.80(a)(2).
6847 U.S.C. § 503(b)(2)(B); see also 47 C.F.R. § 1.80(b)(2).
6947 U.S.C. § 503(b)(2)(D); see also Forfeiture Policy 
Statement, 12 FCC Rcd at 17100, ¶ 27; 47 C.F.R. § 1.80(b).
7047 U.S.C. § 503(b)(6)(B); see also 47 C.F.R. § 1.80(c)(3).
71See 47 C.F.R. § 1.80(b)(4).
72Cf., Globcom , 18 FCC Rcd 19893 (2003); America's Tele-Network 
Corp., Notice of Apparent Liability for Forfeiture, 15 FCC Rcd 
20903 (2000); Matrix Telecom, Inc., Notice of Apparent Liability 
for Forfeiture, 15 FCC Rcd 13544 (2000); ConQuest Operator 
Services Corp., Order of Forfeiture, 14 FCC Rcd 12518 (1999) 
(each carrier had registered and filed Telecommunications 
Reporting Worksheets prior to the Commission's inquiry and, in 
some cases, had paid contributions in part). 
73See 47 C.F.R. § 1.80(b)(4).
74In the Globcom NAL, the Commission proposed a $50,000 
forfeiture for each instance within the statute of limitations 
that Globcom failed to file a required Worksheet.  Globcom, 18 
FCC Rcd at 19905, ¶ 32.  We note, however, that, unlike 
Teletronics, Globcom had registered with the Commission and 
submitted multiple Worksheets prior to our investigation.
75   See id.
76   See 47 U.S.C. § 254(d).
77See Globcom, 18 FCC Rcd at 19903-19904, ¶¶ 25-27.
78   See, e.g., id.  18 FCC Rcd at 19904.
79   47 U.S.C. § 225(b)(1).
80   See Globcom, 18 FCC Rcd at 19904, ¶ 29.
81   Id. 
82   47 U.S.C. § 251(e)(2).
83For example, the 2004 TRS Fund contribution factor was .00356 
per dollar of interstate and international end-user revenue and 
the 2004 interstate telecommunications regulatory fee assessment 
was .00218 per dollar of interstate and international end-user 
revenue.  See Telecommunications Relay Services and Speech-to-
Speech Services for Individuals with Hearing and Speech 
Disabilities, 19 FCC Rcd 12224, 12225 (2004); Assessment and 
Collection of Regulatory Fees for Fiscal Year 2004, 19 FCC Rcd at 
11691.
84Forfeiture Policy Statement, 12 FCC Rcd at 17099; see also 47 
C.F.R. § 1.80(b)(4).
85   See Business Options, Inc., Consent Decree, 19 FCC Rcd 2916 
(2003); NOS Communications, Inc., Affinity Network Incorporated 
and NOSVA Limited Partnership, Consent Decree, 2003 WL 22439710 
(2003).
86   47 C.F.R. § 1.1910.
87   47 U.S.C. § 503(b).
88   47 C.F.R. § 1.80,
89   See 47 C.F.R. § 1.80(f)(3).
90See 47 C.F.R. § 1.1914.