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
)
)
File No. EB-05-IH-2503
In the Matter of )
NAL/Acct. No. 200732080032
TELUS Communications, Inc. )
FRN No. 0004-9899-76
TELUS Communication Company )
0015-7903-63
)
)
ORDER
Adopted: September 27, 2007 Released: September 28, 2007
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") of the Federal
Communications Commission (the "Commission"), TELUS Communications.,
Inc. and TELUS Communications Company (collectively "TELUS"). The
Consent Decree terminates the enforcement proceeding initiated by the
Enforcement Bureau against TELUS for possible violations of Sections
9, 225, 251, and 254 of the Communications Act of 1934, as amended
("the Act"), relating to universal service, and, among others,
sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the
Commission's rules relating to universal service, the
Telecommunications Relay Service ("TRS") Fund, the North American
Numbering Plan ("NANP") administration, regulatory fees, and carrier
registration.
2. The Commission and TELUS have negotiated the terms of a Consent Decree
that resolves this matter. A copy of the Consent Decree is attached
hereto and incorporated by reference.
3. Based on the record before us, and in the absence of material new
evidence relating to this matter, we conclude that there are no
substantial or material questions of fact as to whether TELUS
possesses the basic qualifications, including those related to
character, to hold or obtain any Commission license or authorization.
4. After reviewing the terms of the Consent Decree, we find that the
public interest will be served by adopting the Consent Decree.
5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, the Consent Decree attached to
this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, DC 20554
)
)
File No. EB-05-IH-2503
In the Matter of )
NAL/Acct. No. 200732080032
TELUS Communications, Inc. )
FRN No. 0004-9899-76
TELUS Communications Company )
0015-7903-63
)
)
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission (the
"Bureau"), TELUS Communications, Inc., and TELUS Communications
Company (collectively "TELUS"), by their authorized representatives,
hereby enter into this Consent Decree for the purpose of terminating
the Bureau's investigation into TELUS' compliance with Sections 9,
225, 251, and 254 of the Communications Act of 1934, as amended (the
"Act"), relating to universal service, the Telecommunications Relay
Service ("TRS") Fund, the North American Numbering Plan Administration
("NANPA"), and regulatory fees.
2. For the purposes of this Consent Decree, the following definitions
shall apply:
a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
S: 151 et seq.
b. "Adopting Order" means an order of the Bureau adopting this Consent
Decree.
c. The "Bureau" means the Enforcement Bureau of the Federal
Communications Commission.
d. The "Commission" or "FCC" means the Federal Communications Commission
and all of its bureaus and offices.
e. "Effective Date" means the date on which the Commission releases the
Adopting Order.
f. "Investigation" means the investigation commenced by the Bureau's
January 6, 2006 Letter of Inquiry regarding whether TELUS violated the
requirements of Sections 9, 225, 251, and 254 of the Act and/or
sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the
Commission's rules relating to carrier registration, universal
service, the Telecommunications Relay Service, the North American
Numbering Plan administration, and regulatory fees.
g. "Parties" means TELUS and the Bureau.
h. "Rules" means the Commission's regulations set forth in Title 47 of
the Code of Federal Regulations.
i. "TELUS" means TELUS Communications, Inc., TELUS Communications Company
and their successors or assigns.
I. BACKGROUND
3. Pursuant to section 64.1195(a) of the Commission's rules and pursuant
to Commission orders, all carriers that provide interstate
telecommunications service and certain other providers of interstate
telecommunications must register with the Commission through
submission of FCC Form 499-A. In addition, section 254(d) of the Act
and sections 54.706, 54.711, and 54.713 of the rules require
telecommunications carriers that provide interstate telecommunications
services to file annual and quarterly Telecommunications Reporting
Worksheets (FCC Form 499-A and FCC Form 499-Q) and contribute to the
Universal Service Fund ("USF") on the basis of their interstate and
international end-user telecommunications revenues.
4. Pursuant to Section 251(e) of the Act and section 52.17 of the rules,
all telecommunications carriers are required to contribute to the
costs of establishing numbering administration based on information
contained in FCC Form 499-A and FCC Form 499-Q.
5. Pursuant to Section 225(b)(1) of the Act and section 64.604 of the
rules, telecommunications carriers that provide interstate
telecommunications services are required to contribute to the TRS
fund, based on information contained in FCC Form 499-A and FCC Form
499-Q.
6. Pursuant to Section 9(a)(1) of the Act and sections 1.1151, 1.1154,
and 1.1157(b)(1) of the Commissions rules, interstate
telecommunications carriers are required to pay regulatory fees.
7. TELUS offers interstate and international telecommunications services
and is subject to the requirements discussed in paragraphs 3 through 6
above.
8. TELUS is a Canada-based telecommunications carrier that provides
telecommunications to end users and carrier-customers, including
international and interstate telecommunications service in the United
States. TELUS provides international switched long-distance service to
and from the United States for its Canadian telecommunications
customers. In addition, TELUS provides international private
line and international frame relay services to locations in the United
States through a combination of domestic leased facilities and its own
limited facilities in the United States
9. On January 6, 2006, the Bureau issued a letter of inquiry ("LOI")
directing TELUS, among other things, to submit a sworn written
response to a series of questions relating to TELUS' apparent failure
to satisfy its registration, filing and payment obligations. TELUS
registered with the Commission by filing an initial Form 499-A on
January 27, 2006. On March 2, 2006, TELUS filed its response to the
LOI with the Commission. As of the Effective Date, TELUS has paid all
invoiced amounts relating to universal service, the TRS Fund, NANPA,
and regulatory fees.
II. AGREEMENT
10. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties of the
Investigation. In express reliance on the covenants and
representations in this Consent Decree, the Commission agrees to
terminate the Investigation without any finding of liability or
violations on the part of TELUS. In consideration for the termination
of the Investigation and in accordance with the terms of this Consent
Decree, TELUS agrees to the terms, conditions, and procedures
contained herein.
11. TELUS acknowledges that the Commission has jurisdiction over the
matters contained in this Consent Decree and the authority to enter
into and adopt this Consent Decree.
12. The Parties agree that this Consent Decree does not constitute either
an adjudication on the merits or a factual or legal finding or
determination regarding any compliance or noncompliance with the
requirements of the Act or the Commission's rules and orders. The
Parties agree that this Consent Decree is for settlement purposes only
and that by agreeing to this Consent Decree, TELUS does not admit or
deny liability for violating any statute, regulation, or
administrative rule in connection with the matters that are the
subject of this Consent Decree.
13. TELUS will make a voluntary contribution to the United States Treasury
in the amount of four hundred and fifty thousand dollars ($450,000
US), with two hundred and twenty-five thousand dollars ($225,000 US)
to be paid within thirty (30) calendar days from the Effective Date
and an additional two hundred and twenty-five thousand dollars
($225,000 US) to be paid within ninety (90) days thereafter. The
payment must be made by check or similar instrument, payable to the
order of the Federal Communications Commission. The payment must
include "Acct. No. 200732080032 and "FRN No. 0004-9899-76 and
0015-7903-63." 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 911-6229.
14. TELUS agrees that it will develop, within sixty (60) calendar days
from the Effective Date, an internal Compliance Plan to ensure TELUS'
future compliance with the Act, the Commission's rules, and the
Commission's orders governing telecommunications carriers' reporting
and contribution requirements for universal service and other
Commission programs. The Compliance Plan shall include the following
components:
a. Compliance Manual. TELUS shall create, maintain and update an FCC
Compliance Manual. TELUS personnel who engage in activities related to
FCC regulation of TELUS will have ready access to the Compliance
Manual and are to follow the procedures contained therein. The
Compliance Manual will, among other things, describe the rules and
requirements as they apply to TELUS regarding the annual regulatory
fee, the USF, TRS Fund, and NANPA. The Compliance Manual will set
forth a schedule of filing and payment dates associated with these
regulatory programs, and TELUS will create compliance notifications
that alert TELUS to upcoming filing and payment dates. The Compliance
Manual will encourage personnel to contact TELUS' Designated Contact,
Regulatory Legal Counsel, Regulatory Services Advisors, and/or Vice
President, Telecom Policy and Regulatory Affairs with any questions or
concerns that arise with respect to the TELUS' FCC compliance. TELUS
shall submit to the Bureau a final version of its Compliance Manual
sixty (60) days after the Effective Date.
b. Compliance Training Program. TELUS will establish an FCC compliance
training program for any employee who engages in activities related to
FCC regulation of TELUS. Training sessions will be conducted at least
annually for such employees to ensure compliance with the Act and the
FCC's regulations and policies and, for new employees who are engaged
in such activities, within the first sixty (60) days of employment.
c. Designated Contact. TELUS will designate one employee as the point of
contact for all FCC compliance matters.
d. Review and Monitoring. TELUS will review the FCC Compliance Manual and
FCC Compliance Training Program annually to ensure that they are
maintained in a proper manner and continue to address the objectives
set forth therein.
e. Audits. TELUS will ensure that any internal audit reviews of this
Compliance Plan, if conducted, specifically consider compliance with
FCC regulatory requirements.
f. Annual Report. Twelve (12) months and twenty-four (24) months after
the Effective Date, TELUS shall submit an affidavit or declaration
under penalty of perjury, signed and dated by an authorized
representative of TELUS with personal knowledge of the representations
therein, verifying that TELUS has complied with the terms of this
Consent Decree. The declaration or affidavit must comply with Section
1.16 of the Commission's rules, 47 C.F.R. S: 1.16, and be
substantially in the form set forth therein The declaration shall be
submitted to Chief, Investigations and Hearings Division, Enforcement
Bureau, Federal Communications Commission, 445 12th Street, S.W.,
Washington, D.C. 20554.
g. Termination. TELUS' obligations under this Paragraph shall expire
twenty-four (24) months after the Effective Date.
15. The Commission agrees that in the absence of new material evidence it
will not use the facts developed in this Investigation through the
Effective Date, or the existence of this Consent Decree to institute,
on its own motion, any new proceeding, formal or informal, or take any
action on its own motion against TELUS concerning the matters that
were the subject of the Investigation. The Commission also agrees that
it will not use the facts developed in this Investigation through the
Effective Date, or the existence of this Consent Decree, to institute
on its own motion any proceeding, formal or informal, or take any
action on its own motion against TELUS with respect to TELUS' basic
qualifications, including its character qualifications, to be a
Commission licensee or authorized common carrier.
16. Nothing in this Consent Decree shall prevent the Commission or its
delegated authority from adjudicating any formal or informal complaint
filed against TELUS pursuant to Section 208 of the Act, 47 U.S.C. S:
208, and to take action in response to such formal complaint. If any
such complaint is made, the adjudication of that complaint will be
based solely on the record developed in that proceeding and the
Commission shall not use any facts developed through the Investigation
or the existence of this Consent Decree in any such proceeding. Except
as expressly provided in this Consent Decree, nothing herein shall
prevent the Commission or its delegated authority from investigating
new evidence of noncompliance by TELUS of the Act, the Commission's
rules, or this Consent Decree.
17. TELUS waives any and all rights it may have to seek administrative or
judicial reconsideration, review, appeal or stay or to otherwise
challenge or contest the validity of this Consent Decree and the
Adopting Order, provided the Adopting Order adopts this Consent Decree
without change, addition, deletion or modification. TELUS shall retain
the right to challenge Commission interpretation of the Consent Decree
or any terms contained herein.
18. TELUS' decision to enter into this Consent Decree is expressly
contingent upon the Bureau's issuance of the Adopting Order without
change, addition, deletion or modification.
19. In the event that this Consent Decree is rendered invalid by any court
of competent jurisdiction, it shall become null and void and may not
be used in any manner in any legal proceeding.
20. The Parties agree that if either Party (or the United States on behalf
of the Commission), brings a judicial action to enforce the terms of
the Adopting Order, neither TELUS nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and TELUS will
waive any statutory right to a trial de novo regarding the terms or
validity of the Consent Decree. TELUS, however, may present evidence
that it has not violated the Consent Decree.
21. Upon release, the Adopting Order and this Consent Decree shall have
the same force and effect as any other order of the Commission. Any
violation of any term of this Consent Decree shall constitute a
separate violation of a Commission order entitling the Commission to
exercise any rights and remedies authorized by law attendant to the
enforcement of a Commission order.
22. The Parties also agree that if any provision of the Consent Decree
conflicts with any subsequent rule or order adopted by the Commission
(except an order specifically intended to revise the terms of this
Consent Decree to which TELUS does not expressly consent) that
provision will be superseded by such Commission rule or order.
23. The Parties acknowledge that TELUS neither waives nor alters its
rights to assert and seek protections from disclosure of any
privileged or otherwise confidential and protected documents and
information or to seek appropriate safeguards of confidentiality for
any competitively sensitive or proprietary information.
24. TELUS agrees to waive any claims it may otherwise have under the Equal
Access to Justice Act, 5 U.S.C. S: 504 and 47 C.F.R. S: 1.1501 et
seq., relating to the matters addressed in this Consent Decree.
25. TELUS and the Commission each represents and warrants to the other
that it has full power and authority to enter into this Consent
Decree.
26. This Consent Decree may be signed in counterparts.
________________________________
Kris Anne Monteith
Chief, Enforcement Bureau
Federal Communications Commission
________________________________
Date
________________________________
Janet Yale, Executive Vice-President, Corporate Affairs, TELUS
Communications Company
________________________________
Date
47 U.S.C. S:S: 9, 225, 251, 254.
47 C.F.R. S:S: 1.1157, 52.17, 54.706, 54.711, 64.604, 64.1195.
47 U.S.C. S: 154(i).
47 U.S.C. S:S: 9, 225, 251, 254.
See Letter from Eric J. Bash, Assistant Chief, Investigations and
Hearings Division, Enforcement Bureau, FCC, to Robert Ostapchuk,
Senior Regulatory Legal Counsel, Telecom Policy & Regulatory Affairs,
TELUS Communications, Inc., dated January 6, 2006 ("January 6, 2006
LOI").
47 U.S.C. S:S: 9, 225, 251, 254(d).
47 C.F.R. S:S: 1.1157, 52.17, 54.706, 54.711, 64.604, 64.1195.
47 U.S.C. S: 254(d), 47 C.F.R. S: 64.1195(a); Universal Service
Contribution Methodology, Federal-State Joint Board on Universal
Service, 1998 Biennial Regulatory Review - Streamlined Contributor
Reporting Requirements Associated with Administration of
Telecommunications Relay Service, North American Numbering Plan, Local
Number Portability, and Universal Service Support Mechanisms,
Telecommunications Services for Individuals with Hearing and Speech
Disabilities, and the Americans with Disabilities Act of 1990,
Administration of the North American Numbering Plan and North American
Numbering Plan Cost Recovery Contribution Factor and Fund Size, Number
Resource Optimization, Telephone Number Portability, Truth-In-Billing
and Billing Format, IP-Enabled Services, Report and Order and Notice
of Proposed Rulemaking, WC Docket Nos. 06-122 and 04-36, CC Docket
Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, and 98-170, 21 FCC
Rcd 7518, 7548-49, para. 61 (2006).
See Letter from Willie Grieve, Vice President, Telecom Policy &
Regulatory Affairs, TELUS Communications, Inc., dated March 1, 2006
("LOI Response") at Inquiry 4.
See January 6, 2006 LOI.
Federal Communications Commission DA 07-4012
1
Federal Communications Commission DA 07-4012