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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
     In the Matter of                                                        
                                             )   File No. EB-07-IH-4916      
     Ultimate Medium Communications                                          
     Corporation                             )   NAL/Acct. No. 200732080036  
                                                                             
     Apparent Liability for Forfeiture       )   FRN No. 0011607538          
                                                                             
                                             )                               



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: September 20, 2007 Released: September 24, 2007

   By the Chief, Investigations and Hearings Division:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL"),
       we find that Ultimate Medium Communications Corporation ("UMCC")
       apparently violated Commission orders by willfully and repeatedly
       failing to respond to directives of the Enforcement Bureau ("Bureau")
       to provide certain information and documents. Based on our review of
       the facts and circumstances of this case, and for the reasons
       discussed below, we find that UMCC is apparently liable for a monetary
       forfeiture in the amount of $20,000.

   II. BACKGROUND

    2. UMCC is an Indiana-based company that provides local and long distance
       voice and data services. UMCC filed a Telecommunications Reporting
       Worksheet ("Worksheet") on December 1, 2005, but has not filed any
       subsequent Worksheet since that time. On June 14, 2007, the Bureau
       issued a letter of inquiry ("LOI")  to UMCC to obtain information
       concerning UMCC's compliance with, among other things, various
       regulatory program filing and contribution requirements. The LOI
       directed UMCC to respond to the Bureau's inquiries by July 5, 2007.
       Despite receiving the LOI, UMCC failed to provide the LOI response by
       the due date.

    3. The Bureau sent a follow-up letter on July 19, 2007 ("Follow-Up
       Letter") directing UMCC to provide complete responses to inquiries in
       the LOI by July 26, 2007. The Follow-Up Letter also warned UMCC that
       its failure to respond fully to the Bureau's LOI could subject the
       company to potential enforcement action. Upon receiving the facsimile
       transmission on July 19, 2007, UMCC's Chief Executive Officer ("CEO")
       told Bureau staff that part of the letter was jumbled and claimed that
       UMCC did not receive the LOI. Per UMCC's request, Bureau staff
       subsequently sent that day via the e-mail address provided by the
       company's CEO the Follow-Up Letter and a courtesy copy of the LOI.
       UMCC again failed to respond to the LOI. Bureau staff made a final
       attempt on July 30, 2007 to contact UMCC to determine if or when the
       company would respond to the LOI. UMCC's CEO claimed that he did not
       receive the July 19, 2007 E-Mail and that he would contact Bureau
       staff after checking with his employees. To date, the Bureau has not
       received a response to the LOI.

    4. Under section 503(b)(1) of the Communications Act of 1934, as amended
       (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
       also may 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
       willfully or repeatedly violated the Act or a Commission order or
       rule.

   III. DISCUSSION

   A. Apparent Violation

    5. We find that UMCC apparently violated Commission orders by willingly
       and repeatedly failing to respond to Bureau inquiries. Section 218 of
       the Act specifically 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." Sections 4(i), 4(j), and 403 of the Act unequivocally
       grant the Commission the power to direct responses to inquires in
       order to execute its functions. As indicated above, the Bureau
       directed UMCC to provide certain documents and information to enable
       the Commission to perform its enforcement function and evaluate
       allegations that UMCC may have violated Commission rules. There is no
       question that UMCC received both the June 14, 2007 LOI and the
       Follow-Up Letter. Further, Bureau staff took the additional step of
       contacting UMCC by telephone to determine if or when UMCC would be
       responding to the LOI. Despite the Bureau's efforts to elicit
       information from UMCC, as of the date of this NAL, UMCC has failed to
       provide its response to the Bureau's LOI. We therefore conclude that
       UMCC's continuing failure to respond to the Bureau's LOI constitutes
       an apparent willful or repeated violation of Commission orders.

     A. Proposed Forfeiture Amount

    6. 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."

    7. We propose a forfeiture in the amount of $20,000 for UMCC's willful or
       repeated failure to respond to the 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. We find that UMCC's total failure to respond
       to the LOI, notwithstanding the Bureau's multiple attempts to obtain
       the company's response, warrants a substantial increase to this base
       amount. Misconduct of this type exhibits a disregard for the
       Commission's authority and, more importantly, threatens to compromise
       the Commission's ability to adequately investigate violations of its
       rules. In this case, such misconduct inhibits our ability adequately
       to detect and deter potential rule violations in areas of critical
       importance to the Commission -- contributions to the federal
       regulatory programs. Prompt and full responses to Bureau inquiry
       letters are critical to the Commission's enforcement function. We
       therefore propose a total forfeiture against UMCC of $20,000 for
       failing to respond to Commission communications. This forfeiture
       amount is consistent with recent precedent in similar cases, where
       companies failed to provide responses to Bureau inquiries concerning
       compliance with the Commission's rules despite evidence that the
       letters of inquiry had been received.

    8. We also direct UMCC to respond fully to the June 14, 2007 LOI within
       thirty (30) days of the release of this order. Failure to do so may
       constitute an additional violation potentially subjecting UMCC to
       further penalties, including potentially higher monetary forfeitures,
       the revocation of operating authority, and the disqualification of any
       UMCC principal from the provision of any common carrier services
       without the prior consent of the Commission.

   IV. ORDERING CLAUSES

    9. 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, Ultimate
       Medium Communications Corporation is hereby NOTIFIED of its APPARENT
       LIABILITY FOR FORFEITURE in the amount of $20,000 for willfully and
       repeatedly violating Commission orders.

   10. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
       Commission's rules, 47 C.F.R. S: 1.80, within thirty (30) days of the
       release date of this NOTICE OF APPARENT LIABILITY FOR FORFEITURE,
       Ultimate Medium Communications Corporation SHALL PAY the full amount
       of the proposed forfeiture currently outstanding on that date or SHALL
       FILE a written statement seeking reduction or cancellation of the
       proposed forfeiture.

   11. 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.
       reference above.

   12. IT IS FURTHER ORDERED, that pursuant to sections 4(i), 4(j), 218 and
       403 of the of the Communications Act of 1934, as amended, 47 U.S.C.
       S:S: 4(i), 4(j), 218 and 403, and section 54.711 of the Commission's
       rules, 47 C.F.R. S: 54.711, Ultimate Medium Communications
       Corporation, shall fully respond to the June 14, 2007 and July 19,
       2007 Letters of Inquiry sent by the FCC's Enforcement Bureau within
       thirty (30) days of the release of this order.

   13. The response, if any, to this NOTICE OF APPARENT LIABILITY FOR
       FORFEITURE must be mailed to Hillary S. 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. In
       addition, a copy of the response, if any, should be sent to the
       following E-mail address: hillary.denigro@fcc.gov.

   14. 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; 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.

   15. 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.

   16. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT LIABILITY
       shall be sent, by certified mail/return receipt requested to Scott
       Wilson, Ultimate Medium Communications Corporation, 484 East Carmel
       Drive, #290, Carmel, IN 46032.

   FEDERAL COMMUNICATIONS COMMISSION

   Hillary S. DeNigro

   Chief, Investigations and Hearings Division

   See http://www.ultimatemedium.com/current_customers/announcements.asp 
   (accessed August 23, 2007);
   http://www.ultimatemedium.com/prospective_customers/technology.asp
   (assessed August 23, 2007);
   http://www.ultimatemedium.com/prospective_customers/products_and_services.asp
   (accessed August 23, 2007).

   Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings
   Division, Enforcement Bureau, to Scott Wilson, Chief Executive Officer,
   Ultimate Medium Communications Corporation, dated June 14, 2007 (the
   "LOI"). Bureau staff sent the LOI to UMCC's address in Camel, IN by
   certified mail, return receipt requested and facsimile. Receipt of the
   letter is shown by confirmation of the facsimile transmission to the
   facsimile number and the signed certified mail return receipt card.

   Telecommunications carriers must submit first a Form 499-A registration,
   and upon issuance of a filer identification number by USAC, must submit
   thereafter annual Telecommunications Reporting Worksheets for the purpose
   of assessing various regulatory fee program payments. See 47 C.F.R. S:S:
   1.1157, 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195. In addition,
   telecommunications carriers, with certain exceptions, must file quarterly
   Worksheets to determine monthly universal service contributions. See 47
   C.F.R. S:S: 54.706, 54.711, 54.713; FCC Form 499-Q (2007) (quarterly
   Worksheets). USAC is the data collection agent for FCC Form 499s. See  FCC
   Form 499-A (2007) at 8; FCC Form 499-Q (2007).

   Receipt of the letter is shown by confirmation of the facsimile
   transmission to the facsimile number and the signed certified mail return
   receipt card.

   Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings
   Division, Enforcement Bureau, to Scott Wilson, Ultimate Medium
   Communications Corporation, dated July 19, 2007 ("Follow-Up Letter"). The
   letter was initially sent by certified mail/return receipt and by
   facsimile. Receipt of the letter is shown by confirmation of the facsimile
   transmission to the facsimile number. There was no return receipt for the
   certified mail.

   E-Mail from Diana Lee, Attorney Advisor, Investigations and Hearings
   Division, to Scott Wilson, Chief Executive Officer, Ultimate Medium
   Communications Corporation (July 19, 2007) ("July 19, 2007 E-Mail"). UMCC
   confirmed the e-mail address as valid prior to e-mail delivery. In
   addition, UMCC listed the e-mail address as contact information on UMCC's
   2005 FCC Form 499-A.

   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., Application for Review of 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., 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., Forfeiture Order,  17 FCC Rcd 7589,
   7591 (2002) ("SBC Forfeiture Order").

   47 U.S.C. S: 218.

   47 U.S.C. S:S: 154(i),(j), & 403.

   See supra at nn. 6-8.

   See, e.g., SBC Forfeiture Order, 17 FCC Rcd 7589, 7599-7600, P:P: 23-28
   (ordering $100,000 forfeiture for egregious and intentional failure to
   certify the response to a Bureau inquiry); Globcom, Inc., Notice of
   Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19898 n. 36
   (2003) (noting delayed response to an LOI is considered dilatory behavior
   which may result in future sanctions); BigZoo.Com Corporation, Notice of
   Apparent Liability for Forfeiture and Order, 19 FCC Rcd 24437 (Enf. Bur.
   2004), Order of Forfeiture, 20 FCC Rcd 3954 (Enf. Bur. 2005) ("BigZoo")
   (ordering $20,000 forfeiture for failure to respond to an LOI); American
   Family Association, Licensee of Station KBMP(FM), Enterprise, Kansas,
   Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 14072, Forfeiture
   Order, 19 FCC Rcd 22025 (Enf. Bur. 2004) (ordering $3,000 forfeiture
   against non-commercial educational station for a partial response to an
   LOI); World Communications Satellite Systems, Inc., Notice of Apparent
   Liability for Forfeiture, 18 FCC Rcd 18545 (Enf. Bur. 2003) (proposing
   $10,000 forfeiture for non-responsive reply to an LOI); Donald W.
   Kaminski, Jr., Notice of Apparent Liability for Forfeiture, 16 FCC Rcd
   10707 (Enf. Bur. 2001), Forfeiture Order, 18 FCC Rcd 26065 (Enf. Bur.
   2003) (ordering $4,000 forfeiture for individual's failure to respond to
   an LOI).

   47 U.S.C. S: 503(b)(2)(B); see also 47 C.F.R. S: 1.80(b)(2); Amendment of
   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).

   47 C.F.R. S: 1.80; Commission's Forfeiture Policy Statement and Amendment
   of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
   Report and Order, 12 FCC Rcd 17087, 17114 (1997) ("Forfeiture Policy
   Statement"), recon. denied 15 FCC Rcd 303 (1999).

   See, e.g., Universal Telecommunications, Inc., Notice of Apparent
   Liability for Forfeiture and Order, 21 Rcd 6579 (Enf. Bur. 2006) (ordering
   $20,000 forfeiture for failure to respond to an LOI); BigZoo, 20 FCC Rcd
   at 3955 (same); QuickLink Telecom, Inc., Order of Forfeiture, 20 FCC Rcd
   14464 (Enf. Bur. 2005) (same).

   See CCN, Inc., et. al, Order to Show Cause and Opportunity for Hearing,
   Order, 13 FCC Rcd 13599 (1998) (revoking carrier's operating authority
   based on findings of repeated violations); see also, e.g., 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).

   See 47 C.F.R. S: 1.1914.

   (Continued from previous page)

                                                               (continued...)

   Federal Communications Commission DA 07-4019

   2

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   Federal Communications Commission DA 07-4019