Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
                                                                         
     In the Matter of                    )   File No. EB-06-IH-2307      
                                                                         
     Communications Options, Inc.        )   NAL/Acct. No. 200732080031  
                                                                         
     Apparent Liability for Forfeiture   )   FRN No. 0003735230          
                                                                         
                                         )                               
                                                                         
                                         )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: July 26, 2007 Released: July 27, 2007

   By the Chief, Enforcement Bureau:

   I. INtroduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       Communications Options, Inc., ("COI"), has apparently violated section
       54.711(a) of the Federal Communications Commission's (the "Commission"
       or "FCC") rules by willfully and repeatedly failing to maintain
       records and documentation to justify information reported in its
       Telecommunications Reporting Worksheets ("Worksheets") and provide the
       records and documentation to the Commission upon request. We further
       find that COI apparently violated a Commission order issued pursuant
       to sections 4(i), 4(j), 218 and 403 of the Communications Act of 1934,
       as amended (the "Act"), by willfully and repeatedly failing to respond
       on a timely basis to a directive of the Enforcement Bureau ("Bureau")
       to provide certain information and documents, and support its response
       with an affidavit or declaration. Based upon the facts and
       circumstances surrounding this matter, we find that COI is apparently
       liable for a total monetary forfeiture in the amount of $65,000.

   II. Background

    2. The Act 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. 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." 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 (the "Fund" or "USF") based upon their interstate and
       international end-user telecommunications revenues. The Commission
       also requires certain providers of interstate telecommunications,
       including interconnected Voice over Internet Protocol (VoIP)
       providers, to contribute to the USF. 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.

    3. The Commission has established specific procedures to administer the
       universal service program. A filer is required to submit an FCC Form
       499-A, also known as the annual Telecommunications Reporting Worksheet
       ("annual Worksheet") for the purpose of determining its USF payments,
       and, with certain exceptions, to file quarterly Worksheets ("quarterly
       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, the Universal Service
       Administrative Company ("USAC"), the administrator of the USF, uses
       the revenue projections submitted on the quarterly Worksheets to
       determine each carrier's monthly universal service contribution
       amount. The Commission's rules explicitly warn contributors that
       failure to file forms or submit payments potentially subjects them to
       enforcement action.

    4. Section 54.711(a) of the Commission's rules requires contributors to
       "maintain records and documentation to justify the information
       reported in the Telecommunications Reporting Worksheet, including the
       methodology used to determine projections, for three years and shall
       provide such records and documentation to the Commission or the
       Administrator upon request." The recordkeeping requirement is
       necessary to ensure that contributors report correct information on
       the Worksheets. The Commission and USAC may review records and
       documentation underlying revenue reported on contributors' Worksheets
       to determine whether contributors are properly reporting revenue, and
       thus contributing their fair share to the costs of the universal
       service program. The Commission will swiftly and effectively enforce
       these recordkeeping obligations to ensure the smooth administration of
       the USF program.

    5. COI is a telecommunications carrier that began providing
       telecommunications service in the United States in November, 1990.
       USAC received information in March 2005 alleging that COI was not
       reporting revenues collected from Presubscribed Interexchange Carrier
       Charges ("PICC") or End User Common Line ("EUCL") charges. PICC and
       EUCL charges are "access" charges that allow certain local exchange
       carriers to recover the telecommunications service provider costs of
       enabling end users to make and receive interexchange calls.  
       Interexchange carriers ("IXCs") pay PICC charges to local exchange
       carriers. IXCs may pass PICC charges on to their subscribers. Local
       subscribers pay EUCL charges to local exchange carriers on a per line
       basis. Filers are required to report PICC and EUCL charges in the
       interstate revenue portion of their Worksheets. PICC and EUCL charges
       to end users can account for a significant portion of an interstate
       telecommunications provider's interstate revenue. Thus, if an
       interstate telecommunications provider fails to report PICC and EUCL
       revenue on its Worksheet, the provider may significantly underreport
       interstate telecommunications revenue, thereby preventing USAC from
       invoicing a full assessment of the provider's fair share of universal
       service contributions.

    6. USAC initiated an audit of COI on April 11, 2005 to assess whether
       COI's 2003 and 2004 annual Worksheets were accurately and properly
       prepared to include end-user revenues collected for PICC and EUCL.
       After requesting documentation and holding extensive discussions with
       COI, USAC concluded that COI's information was "unauditable." On
       November 15, 2005, USAC requested that the Commission investigate
       whether COI had violated a Commission rule.

    7. The Bureau initiated an investigation on July 13, 2006 by a letter of
       inquiry ("LOI") to COI. The LOI directed COI to, among other things,
       submit a sworn, written response to a series of questions relating to
       COI's compliance with its filing and payment obligations involving
       regulatory fees, the USF, the Telecommunications Relay Service ("TRS")
       Fund, and the North American Numbering Plan Administration ("NANPA")
       Fund. COI's response was due on August 2, 2006. On July 19, 2006, COI
       informed Bureau staff that COI was planning to submit a response
       "within the next 2 weeks." COI failed to respond by August 2, 2006,
       and when Bureau staff contacted COI to inquire about the status of
       COI's response, COI stated that it "overlooked" the deadline and
       requested an extension until August 31, 2006. On August 28, 2006, the
       Bureau informed COI that failure to respond fully and timely to a
       Bureau letter of inquiry constitutes a violation of the Act and
       Commission rules. COI submitted a response to the LOI on August 31,
       2006. Contrary to the Bureau's directive, COI's LOI Response was not
       supported with an affidavit or declaration under penalty of perjury,
       signed and dated by an authorized officer of COI with personal
       knowledge of the representations provided in COI's response, verifying
       the truth and accuracy of the information submitted and to the
       production of all requested information and documents in COI's
       possession, custody, control or knowledge.

    8. Under section 503(b)(1) 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. 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. 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, and the
       Commission has so interpreted the term in the section 503(b) context.
       The Commission may also assess a forfeiture for violations that are
       merely repeated, and not willful.  "Repeated" means that the act was
       committed or omitted more than once, or lasts more than one day. To
       impose such a forfeiture penalty, the Commission must issue a notice
       of apparent liability 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. 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.

    9. Section 503(b)(2)(B) of the Act authorizes the Commission to assess a
       forfeiture of up to $130,000 for each violation or each day of a
       continuing violation, up to a statutory maximum of $1,325,000 for a
       single act or failure to act. 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."

   III. Discussion

   10. The fundamental issues in this case are whether COI apparently
       violated the Commission's rules and order by: (1) willfully or
       repeatedly failing to maintain records and documentation to justify
       information reported in COI's Worksheets and provide the records and
       documentation to the Commission upon request; and (2) willfully or
       repeatedly failing to submit a sworn and timely response to a
       directive of the Bureau to provide certain information and documents.
       We answer these questions affirmatively. Based on a preponderance of
       the evidence, and as discussed below, we therefore conclude that COI
       is apparently liable for a forfeiture of $65,000 for apparently
       willfully and repeatedly violating a Commission order issued pursuant
       to sections 4(i), 4(j), 218, and 403 of the Act and section 54.711(a)
       of the Commission's rules.

     A. Submission of Supporting Records and Documentation for Worksheets

   11. We conclude that COI has apparently violated section 54.711(a) of the
       Commission's rules by willfully and repeatedly failing to maintain
       records and documentation to justify information reported in COI's
       Worksheets and provide the records and documentation to the Commission
       upon request. Section 54.711(a) of the Commission's rules clearly
       establishes a carrier's obligation to maintain supporting
       documentation for a period of three years and to provide that
       documentation to the Commission on request.

   12. The administrators of the federal regulatory programs rely on the
       Worksheets telecommunications providers file to determine liability
       for, and subsequent billing and collection of, payments for the USF
       and other federal regulatory programs. Accuracy in the Worksheets is
       therefore vital. The only means by which the Commission or USAC may
       verify the accuracy of a provider's Worksheet is through analysis of
       the supporting documents in the service providers' own files. The
       failure of a provider to maintain, and provide to the Commission or
       USAC, records and documentation supporting its Worksheets thwarts the
       Commission's ability to verify reported revenue, and could permit
       contributors to remove from the base of USF contributions
       telecommunications revenues that otherwise should have been included.
       Viewed in this context, maintaining and submitting documentation to
       support data reported in Worksheets is not simply an administrative
       tool, but a fundamental and critical component of the Commission's
       universal service program. Consequently, a filer's failure to maintain
       records and documentation that support its Worksheets may impede the
       very purpose for which Congress enacted section 254(d) - to ensure
       that every required contributor "contribute[s], on an equitable and
       nondiscriminatory basis, to the specific, predictable, and sufficient
       mechanisms established by the Commission to preserve and advance
       universal service." The effect on other federal regulatory programs
       that rely on an assessment of the Worksheets is similar. Indeed, a
       telecommunications provider that prevents the Commission and USAC from
       verifying the revenue information submitted in its Worksheets can
       operate outside of the Commission's oversight and evade its federal
       obligations to fully contribute toward the vital programs linked to
       reporting obligations.

   13. Upon learning that USAC found COI's records to be "unauditable," the
       Bureau directed COI to identify all PICC and EUCL revenue COI
       collected and reported, and provide all supporting records and
       documentation. In response, COI claimed it reported PICC and EUCL
       revenue, but COI did not provide records and documentation that either
       (a) demonstrate it reported PICC and EUCL revenue, or (b) support the
       revenue it reported on its Worksheets. COI provided financial
       statements and general ledger reports with its LOI responses that
       could not be tied to the line items for revenue reported in COI's
       Worksheets. As a result of COI's failure to satisfy the Commission's
       record-keeping requirement, both the Bureau and USAC were unable to
       verify whether COI was in fact fully and accurately reporting its
       interstate telecommunications revenue, including its PICC and EUCL
       revenue.

   14. Based on the preponderance of the evidence, we find that COI
       apparently violated section 54.711(a) of the Commission's rules by
       willfully and repeatedly failing to maintain records and documentation
       to justify information reported in COI's Worksheets and provide the
       records and documentation to the Commission upon request. We therefore
       propose a forfeiture for COI's failure to maintain and submit the
       supporting records and documentation.

     A. Failure to Provide Sworn LOI Response on a Timely Basis to the Bureau

   15. Sections 4(i), 4(j), 218, and 403 of the Act afford the Commission
       broad authority to investigate the entities it regulates. Section 4(i)
       authorizes the Commission to "issue such orders, not inconsistent with
       this Act, as may be necessary in the execution of its functions," and
       section 4(j) states that "the Commission may conduct its proceedings
       in such manner as will best conduce to the proper dispatch of business
       and to the ends of justice." Section 218 of the Act authorizes the
       Commission to "obtain from . . . carriers . . . full and complete
       information necessary to enable the Commission to perform the duties
       and carry out the objects for which it was created." Section 403
       likewise grants the Commission "full authority and power to institute
       an inquiry, on its own motion . . . relating to the enforcement of any
       of the provisions of this Act."

   16. The Bureau directed COI to provide certain documents and information
       to enable the Commission to perform its enforcement function and
       evaluate allegations that COI violated the Act and Commission rules.
       As evidenced by the Bureau's facsimile confirmation sheet, and COI's
       confirmation of receipt, COI received the LOI on July 13, 2006. COI
       failed to respond to the LOI on a timely basis. Only after Bureau
       staff contacted COI did it respond to the Bureau's inquiries -- nearly
       one month after the response was due. Further, contrary to the
       Bureau's directive, COI has not submitted an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       COI with personal knowledge of the representations provided in COI's
       response, verifying the truth and accuracy of the information
       submitted, and to the production of all requested information and
       documents in COI's possession, custody, control or knowledge. We
       conclude that COI's substantial and unwarranted delay in responding to
       the LOI, and its failure to support its response with an affidavit or
       declaration, constitutes an apparent willful and repeated violation of
       a Commission order.

     A. Proposed Forfeiture

   17. We find that a proposed forfeiture against COI in the amount of
       $65,000 is warranted. This proposed forfeiture amount includes a
       proposed penalty of $50,000 for failing to maintain records and
       documentation to justify information reported in its Worksheets and
       provide the records and documentation to the Commission upon request,
       and a proposed penalty of $15,000 for failing to respond on a timely
       basis to a directive of the Bureau to provide certain information and
       documents, with a supporting affidavit or declaration.

   18. In previous cases, we have taken enforcement action for failure to
       satisfy universal service obligations, including the filing of
       required quarterly and annual Telecommunications Reporting Worksheets
       and payment of required contributions to the fund. We find these
       violations of the Act and the Commission's rules egregious in light of
       their impact on an important federal program aimed at ensuring
       affordable, quality telecommunications services in all regions of the
       nation. While this case involves a contributor's failure to maintain
       records and documentation to justify information reported in its
       Worksheets and to provide those records and documentation to the
       Commission upon request, we find it similarly egregious in nature.
       Maintaining records and documentation that supports the reported
       revenue in the Telecommunications Reporting Worksheets is fundamental
       to the administration of multiple statutorily-derived programs -
       including the USF. A contributor's failure to maintain supporting
       records and documentation precludes the Commission and USAC from
       verifying these important federal programs are fully funded "on an
       equitable and nondiscriminatory basis" and therefore undermines the
       programs and the purposes for which Congress established them.

   19. The Commission's Forfeiture Policy Statement and implementing rules
       prescribe a base forfeiture of $1,000 for failure to maintain required
       records. We find, however, that failing to maintain records and
       documentation supporting the Telecommunications Reporting Worksheets
       warrants a substantial increase to the base forfeiture amount in light
       of the important public policy aspects of the underlying rule. As the
       Commission observed in a recent USF enforcement action, "the size and
       scope of the universal service and [other federal regulatory] programs
       impose a monumental burden on the Commission [and] USAC . . . to
       verify that each and every carrier has complied with the revenue
       reporting requirements. By necessity, the Commission and the other
       entities must rely on carriers' compliance with our rules." To assist
       the Commission and USAC in this endeavor, the document retention rule
       was adopted to ensure the accuracy of a Worksheet could be
       established, particularly in a case where information suggests the USF
       contributor is not fully reporting revenue.

   20. Thus, we find the failure to maintain documents supporting a Worksheet
       as directed by the Commission analogous to the filing of inaccurate
       information in that the provider prevents accurate administration of
       the program and enforcement of Commission rules. The Commission has
       previously concluded a $50,000 forfeiture is appropriate for the
       filing of an inaccurate Worksheet. We conclude that the same amount
       also is appropriate for the failure to maintain supporting documents
       and provide them to the Commission. Taking into account all of the
       factors enumerated in section 503(b)(2)(D) of the Act, we therefore
       conclude that a proposed forfeiture of $50,000 is warranted for
       failing to maintain records and documentation supporting the
       Telecommunications Reporting Worksheets.

   21. Turning now to COI's failure to provide documentation and respond to
       the Bureau's LOI, section 1.80 of the Commission's rules and the
       Commission's Forfeiture Policy Statement establish a base forfeiture
       amount of $3,000 for failure to file required forms or information,
       and $4,000 for failure to respond to a Commission communication. COI's
       failure to respond to the Bureau's inquiries for approximately one
       month occurred following COI's promise that its response would be
       timely submitted. In fact, however, when Bureau staff contacted COI
       after the deadline to inquire about a response, COI informed Bureau
       staff that COI had "overlooked" its obligation to respond. When COI
       finally did submit a response it lacked the required supporting
       affidavit or declaration required by the Commission. We find that the
       substantial delay in responding to the LOI, and the failure to fully
       comply with the Bureau's directives, in the circumstances presented
       here, warrants a substantial increase to the base amount. Misconduct
       of this type exhibits a blatant disregard for the Commission's
       authority that cannot be tolerated, and, more importantly, threatens
       to compromise the Commission's ability to adequately investigate
       violations of its rules. In this case, the misconduct inhibits our
       ability to adequately detect and deter potential rule violations in
       areas of critical importance to the Commission, i.e., the reporting
       and contribution requirements for the Commission's regulatory
       programs. Prompt, sworn responses to Bureau inquiry letters are
       critical to the Commission's enforcement function. We therefore
       propose a forfeiture against COI of $15,000 for failing to provide a
       sworn response to the LOI on a timely basis. This forfeiture amount is
       consistent with recent precedent in similar investigations involving
       the failures of companies to respond to Bureau inquiries concerning
       compliance with the reporting and contribution requirements for the
       Commission's regulatory programs, despite evidence that the LOIs had
       been received. COI and other carriers are warned that they may not
       delay or resist the Bureau's direction to provide information in
       response to an LOI. Such conduct obstructs the enforcement process and
       will not be tolerated.

   IV. Conclusion

   22. Based on the facts and circumstances presented, we find that a
       proposed forfeiture against COI in the amount of $65,000 is warranted.
       We caution that additional violations of the Act or the Commission's
       rules could subject COI to further enforcement action. Such action
       could take the form of higher monetary forfeitures and/or possible
       revocation of COI's operating authority, including disqualification of
       COI's principals from the provision of any interstate common carrier
       services without the prior consent of the Commission. In addition, we
       note that, to the extent COI is ever 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 COI, in accordance
       with the agency's "red light" rules.

   V. ORDERING CLAUSES

   23. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and
       section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, that
       Communication Options, Inc. is hereby NOTIFIED of its APPARENT
       LIABILITY FOR A FORFEITURE in the amount of $65,000 for willfully and
       repeatedly violating the Commission's rules and order.

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

   25. Payment by check or money order, payable to the order of the "Federal
       Communications Commission," may be mailed to Forfeiture Collection
       Section, Finance Branch, Federal Communications Commission, P.O. Box
       358340, Pittsburgh, PA 15251. Payment by overnight mail may be sent to
       Mellon Client Service Center, 500 Ross Street, Room 670, Pittsburgh,
       PA 15262-0001, Attn: FCC Module Supervisor. Payment by wire transfer
       may be made to: ABA Number 043000261, receiving bank Mellon Bank, and
       account number 911-6229. The payment should note the NAL/Acct. No.
       referenced in the caption.

   26. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR
       FORFEITURE must be mailed to Hillary DeNigro, Chief, Investigations
       and Hearings Division, Enforcement Bureau, Federal Communications
       Commission, 445 12th Street, S.W., Suite 4-C330, Washington, D.C.
       20554 and must include the NAL/Acct. No. referenced above. E-mail
       address: hillary.denigro@fcc.gov.

   27. 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.

   28. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Chief, Revenue and Receivables Operations Group, 445 12th Street, SW,
       Washington, DC 20554.

   29. IT IS FURTHER ORDERED that a copy of this NOTICE OF APPARENT LIABILITY
       FOR FORFEITURE shall be sent by certified mail, return receipt
       requested, to P.J. Moody, Controller, Communication Options, Inc., 921
       Eastwind Drive, Suite 104, Westerville, Ohio 43081.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief

   Enforcement Bureau

   47 C.F.R. S: 54.711(a).

   47 U.S.C. S:S: 154(i), 154(j), 218, 403. The Telecommunications Act of
   1996 amended the Communications Act of 1934, see Telecommunications Act of
   1996, Pub. L. No. 104-104, 110 Stat. 56 (1996).

   47 U.S.C. S: 254(d).

   47 C.F.R. S: 54.706(b). Beginning April 1, 2003, carrier contributions
   were based on a carrier's projected, rather than historical, revenues. Id.

   See 47 U.S.C. S: 254(d) ("Any other provider of interstate
   telecommunications may be required to contribute to the preservation and
   advancement of universal service if the public interest so requires.");
   Universal Service Contribution Methodology, Report and Order and Notice of
   Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d)
   permissive authority to require interconnected VoIP providers to
   contribute to the USF) ("2006 Contribution Methodology Order"), petition
   for review denied, and vacated in part on other grounds, Vonage Holding
   Corp. v. FCC, --- F.3d ----, 2007 WL 1574611 (D.C. Cir. 2007).

   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.

   The Commission has thus 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. See Implementation of the Subscriber Carrier Selection
   Provisions of the Telecommunications Act of 1996, Third Report and Order
   and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000)
   ("Carrier Selection Order").

   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. S: 54.709(a).

   47 C.F.R. S: 54.713. 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 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. 47 C.F.R. S:
   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).

   47 C.F.R. S: 54.711(a).

   Matter of Federal-State Board on Universal Service, Report and Order and
   Second Further Notice of Proposed Rulemaking, 17 FCC Rcd 24952, 25791, P:
   34 (2002).

   See Letter from P.J. Moody, Controller, Communication Options, Inc. to
   David Janas, Special Counsel, Investigations and Hearings Division,
   Enforcement Bureau, Federal Communications Commission, Response 4 (Aug.
   30, 2006) ("LOI Response").

   Letter from Wayne M. Scott, Vice President, Internal Audit Division,
   Universal Service Administrative Company to Hillary DeNigro, Deputy Chief,
   Investigations and Hearings Division, Enforcement Bureau, Federal
   Communications Commission, at 1 (Nov. 15, 2005) ("USAC Referral").

   Access charges recover the local exchange carrier's non-traffic sensitive
   ("NTS") costs, which consist primarily of the costs of poles, wires,
   conduit, and other local exchange facilities used to provide the telephone
   "loop" to local customers, i.e., a subscriber's connection to the public
   switched telephone network ("PSTN"). See generally Commission Requirements
   for Cost Support Material to be Filed with January 1, 1990 Access Tariff
   Revisions, Order, 4 FCC Rcd 6773, 6774, P: 8 (Deputy Chief, Common Carrier
   Bureau 1989) (discussing EUCL charges); Access Charge Reform, First Report
   and Order, 12 FCC Rcd 15982, 16004-06, P:P: 54-60 (1997) (discussing
   PICC).

   USAC Referral at 1.

   Id. at 2 (stating that due to limitations in COI's billing and reporting
   systems, COI does not have the ability to prove or disprove whether it
   failed to report PICC and EUCL revenue).

   Id.

   Letter of Inquiry from Trent Harkrader, Acting Deputy Chief,
   Investigations and Hearings Division, Enforcement Bureau, Federal
   Communications Commission to Stephen K. Vogelmeier, President,
   Communication Options, Inc. (July 13, 2006) ("LOI").

   Electronic Mail Message from P.J. Moody, Controller, Communication
   Options, Inc., to Eric Bash, Assistant Division Chief, and David Janas,
   Special Counsel, Investigations & Hearings Division, Enforcement Bureau,
   Federal Communications Commission (July 19, 2006, 12:35 p.m.) ("July 19,
   2006 COI E-Mail").

   Letter from Trent Harkrader, Acting Deputy Chief, Investigations and
   Hearings Division, Enforcement Bureau, Federal Communications Commission
   to P.J. Moody, Controller, Communication Options, Inc. (Aug. 28, 2006).

   See Letter from P.J. Moody, Controller, Communication Options, Inc. to
   David Janas, Special Counsel, Investigations and Hearings Division,
   Enforcement Bureau, Federal Communications Commission, dated August 30,
   2006, ("LOI Response").

   LOI at 9 (directing COI to comply with 47 C.F.R. S: 1.16).

   47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(1); see also 47 U.S.C. S:
   503(b)(1)(D) (forfeitures for violation of 14 U.S.C. S: 1464).

   47 U.S.C. S: 312(f)(1).

   H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).

   See, e.g., Southern California Broadcasting Co., Memorandum Opinion and
   Order, 6 FCC Rcd 4387, 4388 (1991) ("Southern California Broadcasting
   Co.").

   See, e.g., Callais Cablevision, Inc., Grand Isle, Louisiana, Notice of
   Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 1362, P: 10
   (2001) ("Callais Cablevision") (issuing a Notice of Apparent Liability
   for, inter alia, a cable television operator's repeated signal leakage).

   Southern California Broadcasting Co., 6 FCC Rcd at 4388, P: 5; Callais
   Cablevision, Inc., 16 FCC Rcd at 1362, P: 9.

   47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f).

   See, e.g., SBC Communications, Inc., 17 FCC Rcd 7589, 7591, P: 4 (2002)
   ("SBC Forfeiture Order") (forfeiture paid).

   47 U.S.C. S: 503(b)(2)(B); see also 47 C.F.R. S: 1.80(b)(2); Section
   1.80(b) of the Commission's Rules, Adjustment of Forfeiture Maxima to
   Reflect Inflation, Order, 19 FCC Rcd 10945 (2004).

   47 U.S.C. S: 503(b)(2)(D); See Commission's Forfeiture Policy Statement
   and Amendment of Section 1.80 of the Commission's Rules, Report and Order,
   12 FCC Rcd 17087, 17100, P: 27 (1997) ("Forfeiture Policy Statement"),
   recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S: 1.80(b).

   47 U.S.C. S:S: 154(i), 154(j), 218, 403; 47 C.F.R. S: 54.711(a).

   47 C.F.R. S: 54.711(a).

   47 U.S.C. S: 254(d).

   LOI at 5-6.

   LOI Response at 9-10.

   COI admitted that it did not have the capability to separate USF, PICC and
   EUCL revenue in its accounting systems, and stated it would install new
   software in September 2006 that does collect the information. LOI Response
   at 16.

   USAC informed the Bureau that USAC was unable to perform any of its usual
   audit steps due to COI's recordkeeping failures. In particular, COI failed
   to provide USAC: (a) general ledger breakouts that tie the revenue from
   COI's general ledger or billing systems to the line items on COI's
   Worksheets; (b) traffic studies that support the percentages of COI's
   reported revenue types; and (c) the means to evaluate COI's process for
   making good faith estimates underlying its revenue reported on its
   Worksheets. USAC Referral at 1.

   47 C.F.R. S:54.711(a).

   47 U.S.C. S: 154(i).

   47 U.S.C. S: 154(j).

   47 U.S.C. S: 218.

   47 U.S.C. S: 403. Section 403 provides, in part: "The Commission shall
   have full authority and power at any time to institute an inquiry, on its
   own motion, in any case and as to any matter or thing concerning which
   complaint is authorized to be made, to or before the Commission by any
   provision of this Act, or concerning which any question may arise under
   any of the provisions of this Act."

   July 19, 2006 COI E-Mail.

   Bureau staff contacted COI by telephone on August 23, 2006 to inquire
   about the status of COI's response to the LOI.

   LOI at 9.

   See, e.g., SBC Forfeiture Order, 17 FCC Rcd at 7599-7600, P:P: 23-28
   (2002) ($100,000 forfeiture for egregious and intentional misconduct,
   i.e., refusing to attest to truthfulness and accuracy of responses to
   LOI); Globcom, Inc., Notice of Apparent Liability for Forfeiture and
   Order, 18 FCC Rcd 19893, 19898 n. 36 (2003) ("Globcom NAL") (subsequent
   history omitted) (delayed response to an LOI considered dilatory behavior
   that may result in future sanctions); BigZoo.Com Corporation, Order of
   Forfeiture, 20 FCC Rcd 3954 (Enforcement Bureau 2005) ($20,000 forfeiture
   for failure of an entity to provide any response to a USF LOI); American
   Family Association, Licensee of Station KBMP(FM), Enterprise, Kansas,
   Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 14072 (Enforcement
   Bureau 2004) ($3,000 forfeiture for a partial response to an LOI); World
   Communications Satellite Systems, Inc., Notice of Apparent Liability for
   Forfeiture, 18 FCC Rcd 18545 (Enforcement Bureau 2003) ($10,000 forfeiture
   for a non-responsive reply to an LOI); Donald W. Kaminski, Jr., Notice of
   Apparent Liability for Forfeiture, 16 FCC Rcd 10707 (Enforcement Bureau
   2001) ($4,000 forfeiture after individual refused to respond to an LOI).

   Cf. Carrera Communications LP, Order of Forfeiture, 2007 WL 1435605
   (2007); OCMC, Inc., Order of Forfeiture, 21 FCC Rcd. 10479 (2006);
   Globcom, Inc., Order of Forfeiture, 21 FCC Rcd 4710 (2006) ("Globcom
   Forfeiture Order").

   47 U.S.C. S: 254(d).

   See 47 C.F.R. S: 1.80; Forfeiture Policy Statement, 12 FCC Rcd at 17114.

   Globcom Forfeiture Order, 21 FCC Rcd 4710; Globcom NAL, 18 FCC Rcd 19893.

   Globcom NAL, 18 FCC Rcd at 19904, P: 30.

   See Matter of Federal-State Board on Universal Service, Report and Order
   and Second Further Notice of Proposed Rulemaking, 17 FCC Rcd 24952, 25791,
   P: 34 (2002).

   Globcom Forfeiture Order, 21 FCC Rcd at 4721-24, P:P: 29-38; Globcom NAL,
   18 FCC Rcd at 19904-05, P:P: 30-32.

   47 C.F.R. S: 1.80; Forfeiture Policy Statement, 12 FCC Rcd at 17114.

   See July 19, 2006 COI E-Mail.

   See LOI at 9 (directing COI to comply with 47 C.F.R. S: 1.16).

   See International Telecom Exchange, Inc., Notice of Apparent Liability for
   Forfeiture and Order, 21 FCC Rcd 6232 (Enforcement Bureau 2006) (proposing
   $28,062 forfeiture for apparent failure to respond on a timely basis to a
   directive of the Enforcement Bureau to provide certain information and
   documents, and for apparent failure to contribute to the
   Telecommunications Relay Service Fund); BigZoo.com Corp., Order of
   Forfeiture, 20 FCC Rcd 3954 (Enforcement Bureau 2005) (imposing $20,000
   forfeiture for failure to respond on a timely basis to a directive of the
   Enforcement Bureau to provide certain information and documents);
   QuickLink Telecom, Inc., Order of Forfeiture, 20 FCC Rcd 14464
   (Enforcement Bureau 2005) (same).

   See Business Options, Inc., Order to Show Cause and Notice of Opportunity
   for Hearing, 18 FCC Rcd 6881, 6894, P: 36 (2003); NOS Communications,
   Inc., Order to Show Cause and Notice of Opportunity for Hearing, 18 FCC
   Rcd 6952, 6965, P: 27 (2003).

   47 C.F.R. S: 1.1910.

   See 47 C.F.R. S: 1.80.

   47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 07-3411

                                       5

   Federal Communications Commission DA 07-3411