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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               
     In the Matter of                        File No. EB-07-IH-3985      
                                         )                               
     VCI Company                             NAL/Acct. No. 200732080033  
                                         )                               
     Apparent Liability for Forfeiture       FRN No. 0015783004          
                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: August 14, 2007 Released: August 15, 2007

   By the Commission:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that VCI Company ("VCI") apparently violated sections 54.407(c) and
       54.413(b) of the rules of the Federal Communications Commission
       ("Commission") by willingly or repeatedly failing to keep and provide
       to the Universal Service Administrative Company ("USAC") accurate
       records of the revenues it was forgoing in providing Lifeline and Link
       Up service. In addition, we find that VCI apparently violated sections
       54.407(b) and 54.413(a) of the Commission's rules by willfully or
       repeatedly receiving duplicate reimbursement for qualifying low-income
       consumers served. Based on our review of the facts and circumstances
       surrounding this matter, we find that VCI is apparently liable for a
       total forfeiture of $1,047,500. Furthermore, we order VCI to submit
       within 30 days to USAC revised Form 497s excluding all requests for
       duplicate universal service reimbursement for qualifying low-income
       customers served from August 2004 to August 2007.

   II. BACKGROUND

    2. Under section 254 of the Communications Act of 1934, as amended (the
       "Act"), Congress promoted access to telecommunications service for all
       consumers and required the Commission to establish rules governing the
       services to be supported by the Federal universal service fund support
       mechanisms. Section 254(b) establishes principles upon which the
       Commission must base its policies for the preservation and advancement
       of universal service. One of these principles states that "consumers
       in all regions of the Nation, including low-income consumers...,
       should have access to telecommunications and information services ...
       that are reasonably comparable to those services provided in urban
       areas and that are available at rates that are reasonably comparable
       to rates charged in urban areas."  As we have stated previously,
       "these principles also recognize that ensuring rates are affordable is
       a national priority."

    3. The Commission implemented Part 54 of its rules in response to this
       statutory mandate and promulgated various universal service support
       mechanisms, including mechanisms providing financial support to
       schools and libraries, rural healthcare providers, and carriers
       providing service to high cost and low-income users. Under the
       low-income support mechanism, the Lifeline Assistance ("Lifeline") and
       Lifeline Connection Assistance ("Link Up") programs provide discounts
       to qualifying low-income consumers for basic telephone service.
       Lifeline provides low-income consumers with discounts off the monthly
       cost of telephone service for a single telephone line in their
       principal residence. In addition, qualifying low-income consumers have
       the option to elect at the initiation of service Toll Limitation
       Service ("TLS") to be included as part of Lifeline at no extra charge.
       Link Up provides qualifying low-income consumers with discounts from
       the initial costs of installing telephone service. The low-income
       mechanism allows an eligible telecommunications carrier ("ETC")
       providing services to qualifying low-income consumers to seek and
       receive reimbursement for revenues it forgoes as a result. In order
       for a carrier to receive low-income support, the carrier first must be
       designated as an ETC.

    4. As part of the framework for these programs, the Commission
       established explicit requirements that ETCs must meet to receive
       federal low-income support. Under sections 54.407 and 54.413 of the
       Commission's rules, an ETC may receive universal service support
       directly from USAC based on the number of qualifying low-income
       consumers it serves in the form of a reimbursement of the revenues it
       forgoes in providing Lifeline and Link Up services. Moreover, the
       Commission has established that low-income consumers may receive
       support only for "a single telephone line in their principal
       residence." In order to receive reimbursement for such support, an ETC
       "must keep accurate records of the revenues it forgoes in providing
       Lifeline...." The Commission's rules further require that "[s]uch
       records shall be kept in the form directed by [USAC] and provided to
       [USAC] at intervals as directed...." As a result, an ETC seeks
       reimbursement from USAC for the revenues it forgoes in provisioning
       Lifeline to qualifying low-income consumers by submitting a Form 497
       for each state in which it seeks reimbursement and for each month in
       which it has forgone revenues.

    5. The Commission's rules governing reimbursement for Link Up services
       are very similar to those governing the Lifeline program. That is, to
       receive reimbursement for Link Up, an ETC must keep accurate records
       of the revenues it forgoes in reducing the customary charge for
       commencing telecommunications service and its records must be kept in
       the form directed by and provided to USAC. As with the Lifeline
       program, an ETC thus seeks reimbursement from USAC for the revenues it
       forgoes in provisioning Link Up by submitting a Form 497 for each
       state and month.

    6. VCI is a privately held company that provides telecommunications
       services predominantly to low-income consumers. The company was
       incorporated in the State of Washington on November 24, 2003 and has
       operated or obtained authority to operate in 15 states. VCI has been
       certified as an ETC in all 15 states and thus qualifies for the
       receipt of low-income support directly from USAC. VCI currently
       provides Lifeline, Link Up and TLS services in twelve states,
       including Minnesota. VCI relinquished ETC status and ceased all
       telecommunications service operations in Washington on January 11,
       2007 and in Oregon on February 1, 2007. VCI provides services directly
       to end users using its own facilities as well as by reselling service
       initially provided by other carriers.

    7. In addition to federal low-income support, VCI is also eligible to
       receive state low-income support in states such as Minnesota, Oregon,
       and Washington that established their own programs providing
       additional support to low-income consumers in their states. Oregon and
       Washington have established their own state eligibility criteria for
       qualifying low-income consumers that resemble the federal low-income
       program, while Minnesota has adopted the federal criteria. ETCs such
       as VCI may participate in both the federal and state programs.

    8. In June 2006, USAC began an audit review of VCI's December 2005 claims
       for federal low-income support in Oregon. During the audit, USAC
       informed VCI that it believed VCI was submitting duplicate requests
       for reimbursement of low-income support. VCI did not dispute USAC's
       finding or the Lifeline and Link Up duplicate line data underlying
       that finding. USAC ultimately found at the conclusion of the audit
       that in December 2005 VCI submitted a request for reimbursement for
       duplicate telephone numbers and addresses in Oregon for which it was
       not eligible.

    9. In or about August 2006, the Oregon Telephone Assistance Program
       ("OTAP"), the administrator of the Oregon state low-income programs,
       conducted an audit into VCI's submissions seeking Oregon state
       low-income support. The OTAP found that VCI submitted telephone
       numbers twice or even three times on the same monthly form seeking
       low-income support. In total, OTAP determined that VCI had submitted
       more than 1,800 duplicate requests for support in Oregon from June
       2004 through March 2006. As a result, OTAP denied the duplicate
       requests submitted by VCI. The OTAP administrator informed VCI of
       these findings by e-mail in August 2006 and again in a November 2006
       Staff Report. Following the OTAP inquiry, on December 8, 2006, the
       Oregon Public Utility Commission ("OPUC") opened a formal
       investigation into, among other things, VCI's duplicate billings for
       Oregon state low-income support. These duplicate billings apparently
       were also included in VCI's claims for federal low-income support.
       Despite the multiple inquiries from state and federal regulatory
       agencies seeking information about its submissions for low-income
       support, particularly its submission of duplicate requests for support
       to state and federal agencies, VCI has failed to revise any of the
       Form 497s filed with USAC to account for its duplicate low-income
       support requests.

   10. On May 25, 2007 and July 3, 2007, the Enforcement Bureau ("Bureau")
       sent Letters of Inquiry to VCI inquiring into the company's claims for
       low-income support, primarily in Minnesota, Oregon, and Washington.
       VCI submitted its responses to the Bureau inquiry letters on June 13,
       2007, June 21, 2007 and July 12, 2007. VCI's responses demonstrate
       that in Minnesota, Oregon and Washington the company received
       reimbursement to which it was not entitled by including duplicate
       telephone numbers and addresses in the total line counts for Lifeline,
       Link Up, and TLS support on Form 497s submitted to USAC.

   11. 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
       forfeiture if it finds by a preponderance of the evidence that the
       person has violated the Act or a Commission rule.

   12. We conclude under this standard that VCI is apparently liable for a
       forfeiture for its apparent willful or repeated violations of sections
       54.407(b), 54.407(c), 54.413(b) and 54.413(a) of the Commission's
       rules by filing inaccurate Form 497s with USAC seeking duplicate
       low-income support reimbursement and as a result receiving low-income
       support to which it was not entitled. Based on a preponderance of the
       evidence, we find that VCI engaged in a consistent and sustained
       practice of submitting duplicate requests for reimbursement to USAC
       and that it consequently received significant support to which it was
       not entitled. We therefore propose a forfeiture in the amount of
       $1,047,500 against VCI for these apparent violations.

   III. DISCUSSION

          A. VCI Apparently Violated Sections 54.407(c) and 54.413(b) of the
             Commission's Rules By Submitting Inaccurate Information To USAC

   13. The record establishes that VCI failed to maintain accurate records of
       revenues it was forgoing, as evidenced by its repeated submission of
       Form 497s that contained duplicate ineligible requests for
       reimbursement. Moreover, based on the evidence developed in this
       investigation, we determine that VCI included thousands of duplicate
       entries in the total line counts for Lifeline, Link Up, and TLS
       support on its Form 497 submissions from October 2005 through March
       2007 to USAC for service provided in Minnesota, Oregon, and
       Washington. Consequently, VCI received excessive monthly low-income
       reimbursements continuing from November 2005 until April 2007.

   14. VCI does not dispute the violative, erroneous submissions, but instead
       merely blames them on a faulty computer system. Specifically, VCI
       claims that when culling data for submissions to USAC, its system
       captured only the low-income customer's social security number and
       failed to eliminate any duplicate customer telephone numbers or
       addresses. As a result, when VCI collected information about its
       eligible consumers for its Form 497 submissions to USAC, it included
       duplicate requests for reimbursement. Because reimbursement of
       low-income support is limited to revenues that VCI was forgoing in
       provisioning a single telephone line per principal residence for each
       qualified low-income consumer, VCI is required to eliminate duplicate
       entries, including duplicate telephone numbers or addresses, in
       seeking full reimbursement for the qualified customer on each Form
       497. VCI admits that "utilizing two additional customer identifiers,
       telephone number and address" in the system in addition to the social
       security number would allow the company to identify these
       inaccuracies. VCI failed to implement such a compliance measure,
       however, and continued its conduct in spite of the State of Oregon's
       and USAC's investigations beginning in or around August 2006 of its
       practices, and actions by both regulatory authorities to disallow or
       require repayment of low-income support. VCI did not correct this
       faulty system until May 2007. Accordingly, we conclude that VCI
       apparently willfully or repeatedly violated sections 54.407(c) and
       54.413(b) by filing inaccurate Form 497s with USAC between October
       2005 and November 2006 for its service in Oregon and Washington and by
       filing inaccurate Form 497s with USAC between December 2005 and March
       2007 for its service in Minnesota.

     A. VCI Apparently Violated Sections 54.407(b) and 54.413(a) By
        Collecting Lifeline and Link Up Support To Which It Was Not Entitled

   15. VCI admits that it received duplicate reimbursement from November 2005
       through April 2007 for the same telephone number or address on
       thousands of lines provisioned in Minnesota, Oregon, and Washington.
       From November 2005 through December 2006, VCI received support for
       8,217 Lifeline and 2,050 Link Up duplicate telephone numbers or
       addresses for service in these states. After VCI ceased providing
       service in Oregon and Washington, VCI continued to receive
       reimbursement of Lifeline support for another 448 duplicate telephone
       numbers or addresses from January 2007 through April 2007 for service
       in Minnesota alone. VCI has neither attempted to return the excess
       reimbursements to USAC, nor explained its failure to do so.
       Accordingly, we conclude that VCI apparently willfully or repeatedly
       violated section 54.407(b) by collecting reimbursements each month
       from November 2005 through December 2006 for Lifeline support in
       Oregon and Washington and by collecting reimbursements each month from
       January 2006 through April 2007 for Lifeline support in Minnesota. We
       also conclude that VCI apparently willfully or repeatedly violated
       section 54.413(a) by collecting reimbursements for Link Up support
       each month from November 2005 through December 2006 in Oregon and
       Washington and each month from January 2006 through December 2006 in
       Minnesota to which it was not entitled under our rules.

     A. Proposed Forfeiture

   16. 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."

   17. The Commission has not established a base forfeiture amount for the
       submission of inaccurate requests for universal service support in
       violation of sections 54.407(c) or 54.413(b) of our rules. We find
       that a significant forfeiture amount is appropriate. Administering the
       low-income program is an intensive undertaking that requires
       determining that each carrier seeking low-income reimbursement has met
       all of the Commission's requirements and submitted complete and
       accurate submissions. If an ETC ignores our rules and submits
       information that is consistently inaccurate, it undermines the
       low-income reimbursement mechanism and the universal service program
       altogether.

   18. In this respect, an ETC's filing of inaccurate requests for low-income
       reimbursement is similar to a carrier's failure to provide accurate
       revenue information to USAC for the assessment of the carrier's
       universal service fund contributions. As with the universal service
       fund contributions cases, we set base forfeiture amounts here that
       reflect USAC's need to receive consistently accurate and reliable
       information from carriers. We have established $50,000 as the base
       forfeiture amount for a carrier's failure to file accurate revenue
       information with USAC. Carriers provide that information in most cases
       on a quarterly basis via FCC Form 499. A comparable amount should
       apply to the filing of inaccurate low-income reimbursement requests,
       adjusted to reflect the fact that ETCs file FCC Form 497 on a monthly
       basis. Accordingly, we establish $20,000 per form as the base
       forfeiture amount for the filing of inaccurate requests for
       reimbursement under the low-income program, in violation of sections
       54.407(c) and 54.413(b) of the Commission's rules.

   19. VCI admits it filed inaccurate Form 497s seeking reimbursement in
       Oregon and Washington from October 2005 through November 2006, and
       filed inaccurate forms seeking reimbursement in Minnesota from
       December 2005 through March 2007. VCI continued to submit these
       inaccurate reports in spite of state and federal regulatory
       investigations of its practices and regulatory actions to disallow or
       require repayment of low-income support. Moreover, VCI has steadfastly
       refused to refile or file revised requests for support that did not
       contain duplications.

   20. The Commission has not previously determined whether an ETC's failure
       to file an accurate Form 497 is a continuing violation under section
       503(b)(2)(B). We find that a carrier's failure to file an accurate
       form (or failure to file a form) has a continuing harmful impact on
       the Universal Service Fund and other related regulatory obligations.
       In this instance, VCI received and continued to benefit from excessive
       funds that USAC disbursed as a direct result of VCI's inaccurate form.
       We therefore conclude that VCI's failure to file accurate Form 497s
       constitutes a continuing violation as to which the one year statute of
       limitations for forfeiture in section 503(b)(6)(B) does not begin to
       run until the violation is cured. We recognize that the Globcom Order
       suggested that the statute of limitations begins to run on the date a
       form was filed (or due) and bars a forfeiture issued more than one
       year later. We disagree with that finding. Nevertheless, because we
       are changing course in this order by finding a continuing violation
       for the failure to file accurate Form 497s, we exercise our
       prosecutorial discretion here and decline to propose forfeitures for
       VCI's failures to file Form 497s more than one year prior to the date
       of the NAL. We caution VCI and other carriers that future enforcement
       actions may consider all failures to file forms with USAC, including
       Telecommunications Reporting Worksheets, as continuing violations
       subject to forfeiture action.

   21. For the reasons discussed above, we conclude that VCI is apparently
       liable for a $20,000 forfeiture for each inaccurate Form 497 filed
       within the past year. VCI submitted to USAC sixteen inaccurate Form
       497s from August 2006 through March 2007. Accordingly, we propose a
       $320,000 forfeiture for VCI's sixteen apparent violations of sections
       54.407(c) and 54.413(b) of the Commission's rules.

   22. As with the provision of inaccurate information in requests for
       low-income reimbursements, the Commission has not established a base
       forfeiture for the unlawful receipt of Lifeline and TLS reimbursements
       in violation of section 54.407(b) of our rules. Once again, we find
       that a significant forfeiture amount is justified. Congress explicitly
       designated the provision of service to low-income consumers one of the
       key principles upon which the Commission should base its universal
       service policies. When an ETC receives Lifeline support to which it is
       not entitled, however, it undermines this national priority and
       ultimately threatens to deprive low-income consumers of the essential
       telecommunications and information services to which they are
       entitled.

   23. In another context, when addressing carriers that fail to comply with
       recurring universal service contribution obligations, we have imposed
       significant forfeitures. Specifically, we have proposed a base
       forfeiture of $20,000 for each month in which a carrier has failed to
       pay its USF contribution. We believe a similar approach is warranted
       here. In both cases, a carrier has unlawfully deprived the USF of
       funds at the expense of innocent third parties. We therefore find it
       appropriate to impose a $20,000 base forfeiture for each month in
       which an ETC, in violation of section 54.407(b), receives Lifeline
       support to which it is not entitled.

   24. From November 2005 through April 2007, VCI admits that it received
       duplicate Lifeline and TLS reimbursement for 8,665 lines as a result
       of submitting duplicate telephone numbers, duplicate addresses and, in
       some cases, both. The Commission's rules allow an ETC to seek
       reimbursement from USAC for revenues it forgoes in providing services
       to low-income consumers but section 54.407(b) limits the amount of
       Lifeline support to "reimbursement for each qualifying low-income
       consumer served." VCI was thus precluded from obtaining reimbursement
       for a qualifying consumer more than once a month. Despite this
       restriction, as explained above, VCI received about $114,000 in
       Lifeline and TLS support as reimbursement for services it did not
       provide. Each monthly receipt of excess support constitutes a
       continuing violation that continues until the ETC has returned the
       funds to USAC. VCI received excessive support in eighteen months from
       November 2005 continuing until April 2007. We propose a base
       forfeiture of $360,000 for VCI's eighteen apparent violations of
       section 54.407(b).

   25. Additionally, given the gravity of the harm here, we also find an
       upward adjustment is appropriate. In our USF contribution enforcement
       items, we upwardly adjust the forfeiture by one-half of the carrier's
       balance due to USAC. We conclude that imposing such an upward
       adjustment in this situation would adequately punish VCI for its
       actions at issue here as well as deter other ETCs from seeking
       excessive support. As we have repeatedly observed, such an upward
       adjustment of the forfeiture "illustrate[s] that a delinquent
       carrier's culpability and the consequential damage it causes to the
       goal of universal service may vary with the size of the contribution
       it fails to make." We find that it is equally important to consider
       the damage caused by an ETC's receipt of excessive support.
       Accordingly, we find that an upward adjustment representing one-half
       the excessive funds received is proper. Beginning November 2005 and
       continuing through the receipt of its reimbursement support from USAC
       in April 2007, VCI received $114,000 in low-income Lifeline and TLS
       support to which it was not entitled as a result of seeking
       reimbursement for duplicate telephone numbers, addresses or both.
       Adding half of that amount to the proposed base forfeiture amount
       results in a total proposed forfeiture of $417,000 for VCI's apparent
       violation of section 54.407(b).

   26. Finally, the Commission has also yet to establish a base forfeiture
       for the unlawful receipt of Link Up reimbursements in violation of
       section 54.413(a) of our rules. As above, we find that a significant
       forfeiture amount is justified. In another context, when addressing
       carriers that fail to comply with regulatory contribution obligations,
       we have imposed significant forfeitures. Specifically, we have
       proposed a base forfeiture of $20,000 for each month in which a
       carrier has failed to pay its USF contribution. We believe a similar
       approach is warranted here. In both cases, a carrier has unlawfully
       deprived the USF of funds, at the expense of innocent third parties.
       We therefore find it appropriate to impose a $20,000 base forfeiture
       for each month in which an ETC, in violation of section 54.413(a),
       receives Link Up support to which it is not entitled.

   27. From November 2005 through December 2006, VCI admits that it received
       duplicate Link Up reimbursement for 2,050 lines as a result of
       submitting duplicate telephone numbers, duplicate addresses and, in
       some cases, both. The Commission's rules allow an ETC to seek
       reimbursement from USAC for revenues it forgoes in providing services
       to low-income consumers but section 54.413(a) limits the amount of
       Link Up support to "the difference between the carrier's customary
       connection or interest charges and the charges actually assessed to
       the participating low-income consumer." Moreover, our rules and orders
       have explicitly stated that low-income consumers may receive support
       only for a single telephone line in their principal residence. VCI was
       thus precluded from obtaining reimbursement for a qualifying consumer
       more than once. Despite this restriction, as explained above, VCI
       received about $61,000 in Link Up support as reimbursement for
       services it did not provide. Each monthly receipt of excess support
       constitutes a continuing violation that continues until the ETC has
       returned the funds to USAC. VCI received excessive Link Up support for
       fourteen months from November 2005 continuing through December 2006.
       We therefore propose a base forfeiture of $280,000 for VCI's fourteen
       apparent violations of section 54.413(a).

   28. For the reasons stated in our discussion of VCI's apparent violations
       of section 54.407(b), we also propose an upward adjustment of one-half
       the amount of excess Link Up support received by VCI. Beginning
       November 2005 and continuing through the receipt of its reimbursement
       support from USAC in December 2006, VCI received approximately $61,000
       in Link Up support to which it was not entitled as a result of seeking
       reimbursement for duplicate telephone numbers, addresses or both.
       Adding half of that amount to the proposed base forfeiture amount
       results in a total proposed forfeiture of $310,500 for VCI's apparent
       violation of section 54.413(a).

   IV. Conclusion

   29. We conclude that VCI is apparently liable for the following proposed
       forfeitures: (1) $320,000 for failure to file accurate form 497s of
       the revenues it was forgoing in providing low-income service; (2)
       $417,000 for unlawful receipt of excessive reimbursement for Lifeline
       support; and (3) $310,500 for unlawful receipt of excessive
       reimbursement for Link Up support. In sum, we hold that VCI is
       apparently liable for a total forfeiture of $1,047,500. Further
       violations of the Commission's rules governing the filing of accurate
       information seeking reimbursement and receipt of low-income support
       will constitute additional violations subjecting VCI to possible
       increased enforcement action. Such enforcement action could take the
       form of higher forfeitures. In addition, the Commission may suspend
       support disbursements to an ETC or revoke the carrier's designation as
       an ETC upon evidence that indicates the carrier is no longer in
       compliance with the Commission's criteria for ETC designation.

   30. We warn carriers that if the forfeiture methodologies described herein
       are not adequate to deter violations of our USF rules, our statutory
       authority permits the imposition of much larger penalties and we will
       not hesitate to impose them as circumstances require.

   V. ORDERING CLAUSES

   31. 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 VCI is
       hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the
       amount of $1,047,000 for willfully or repeatedly violating the
       Commission's rules.

   32. 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, VCI SHALL PAY the full amount of the
       proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   33. IT IS FURTHER ORDERED THAT, pursuant to sections 4(i) of the Act, and
       sections 54.407(c) and 54.413(b) of the Commission's rules, within
       thirty days of the release of this NOTICE OF APPARENT LIABILITY AND
       ORDER, VCI SHALL SUBMIT to USAC revised FCC Form 497s excluding all
       requests for duplicate universal service reimbursement for qualifying
       low-income customers served from August 2004 to August 2007.

   34. 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 9116229.

   35. The response, if any, to this NOTICE OF APPARENT LIABILITY must be
       mailed to Hillary S. DeNigro, Chief, Investigations and Hearings
       Division, Enforcement Bureau, Federal Communications Commission, 445
       12th Street, S.W., Room 4-C330, Washington, D.C. 20554 and must
       include the NAL/Acct. No. referenced above.

   36. 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.

   37. Requests for payment of the full amount of this NOTICE OF APPARENT
       LIABILITY FOR FORFEITURE under an installment plan should be sent to
       Deputy Chief Financial Officer, Federal Communications Commission,
       Room 1-A637, 445 12th Street, S.W., Washington, D.C. 20554.

   38. 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 B. Lynn F. Ratnavale, Lukas, Nace, Gutierrez & Sachs,
       1650 Tysons Boulevard, Suite 1500, McLean, Virginia, 22102.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

   47 C.F.R. S:S: 54.407(c) and 54.413(b).

   47 C.F.R. S:S: 54.407(b) and 54.413(a).

   Section 54.417 of the Commission's rules requires that eligible
   telecommunications carriers maintain records to document compliance with
   all federal and state requirements governing Lifeline and Link Up for
   three years. See 47 C.F.R. S: 54.417(a).

   47 U.S.C. S: 254(a)(2).

   47 U.S.C. S: 254(b)(3).

   Lifeline and Link Up, Report and Order and Further Notice of Proposed
   Rulemaking, 19 FCC Rcd 8302, 8305, P: 3 (2004) ("2004 Lifeline Order").

   See generally Federal-State Joint Board on Universal Service, Report and
   Order, 12 FCC Rcd 8776 (1997)  ("1997 Universal Service Order").

   The Commission adopted Lifeline and Link Up prior to the passage of the
   Telecommunications Act of 1996 pursuant to its general authority under
   sections 1, 4(i), 201, and 205 of the Act. See 1997 Universal Service
   Order, 12 FCC Rcd 8952-53, P: 341; 2004 Lifeline Order, 19 FCC Rcd at
   8306, P: 4. See also Telecommunications Act of 1996, Pub.L. No., 104-104,
   110 Stat. 56 (1996).

   47 C.F.R. S: 54.401(a)(2); 1997 Universal Service Order, 12 FCC Rcd at
   8957, P: 341; 2004 Lifeline Order, 19 FCC Rcd at 8306, P: 4.

   47 C.F.R. S: 54.401(a)(3); 1997 Universal Service Order, 12 FCC Rcd at
   8980, P: 385.

   See 47 C.F.R. S: 54.411(a)(1).

   See 47 C.F.R. S:S: 54.407, 54.413.

   47 U.S.C. S: 254(e) (providing that only ETCs designated pursuant section
   214(e) of the Act, 47, C.F.R. S: 214(e), are eligible to receive specific
   Federal universal service support); see also 47 U.S.C. S: 214(e) (setting
   forth the requirements for ETC designation).

   47 C.F.R. S:S: 54.407 and 54.413.

   See 1997 Universal Service Order, 12 FCC Rcd at 8957, P: 341; 2004
   Lifeline Order, 19 FCC Rcd at 8306, P: 4 (specifying that support for
   Lifeline subscribers is for "a single telephone line in their principal
   residence"). See also 47 C.F.R. S: 54.411(a)(1) (stating that Link Up
   support is for "commencing telecommunications service for a single
   telecommunications connection at a [qualified low-income] consumer's
   principal place of residence"); 47 C.F.R. S: 54.411(c) (limiting Link Up
   support to qualified low-income consumers "for a second or subsequent time
   only for a principal place of residence with an address different from the
   one which Link Up support was provided previously").

   47 C.F.R. S: 54.407(c). The Commission has selected USAC as the
   Administrator of the universal service fund, including the disbursement of
   low-income support.

   Id.

   See Form 497 and Instructions.

   47 C.F.R. S: 54.413(b).

   See Form 497 and Instructions.

   First LOI Response to Inquiry 3; Letter from Stacey A. Klinzman,
   Regulatory Attorney, VCI Company, to Secretary, Federal Communications
   Commission dated January 16, 2007 ("VCI is a competitive local exchange
   provider that service[s] primarily low-income, residential customers with
   federal and state subsidized Lifeline and Link Up services.").

   First LOI Response at Exhibits A and B.

   Id.

   Id.

   Section 54.201(d)(1) states that an ETC must offer services using its own
   facilities or a combination of its own facilities and resale of another
   company's service. 47 C.F.R. S: 54.201(d)(1).

   See 2004 Lifeline Order, 19 FCC Rcd  at 8306-7, P:P: 5-6.

   See id., 19 FCC Rcd at 8355, Appendix G (providing that Minnesota has
   adopted federal eligibility criteria).

   See Letter from Karen Majcher, Vice President, High Cost & Low Income
   Division, USAC to Stan Johnson, VCI Company, dated May 30, 2007 ("USAC
   Recovery Letter").

   See First LOI Response at Exhibit I, E-Mail from Michael Desrocher, Staff
   Auditor, USAC to Stanley Johnson, VCI, August 25, 2006, (attaching
   December 2005 duplicate Lifeline and Link Up line data); see also E-mail
   from Stanley Johnson, VCI, to Michael Desrocher, Audit Staff, USAC, August
   14, 2006, 4:26 PM (admitted that "two of the phone numbers on [the audit]
   sample list were for the same [Lifeline] consumers").

   See USAC Recovery Letter. USAC has subsequently recovered from VCI's
   recent reimbursement the overpayment applied to VCI's December 2005
   ineligible lines. See Id.

   See E-mail from Julie Thompson, OTAP to Stanley Johnson, VCI, dated August
   30, 2006 ("August 30, 2006 OTAP Billing Email").

   Id.

   Public Utility Commission of Oregon Staff Report from Vicki McLean,
   Central Services Administrator, to the Public Utilities Commission,
   Residential Service Protection Fund: Request to Open a Formal
   Investigation of Vilaire Company Incorporated dba VCI, dated November 27,
   2006 ("OTAP Staff Report"). VCI did not appeal the duplicate telephone
   numbers findings in the company's response to the OTAP staff report. See
   Letter from VCI to the OPUC dated December 1, 2006 in response to the OTAP
   Staff Report.

   See Vilaire Company Incorporated, dba VCI, Investigation Into Oregon
   Telephone Assistance Program Billings, As Well As Revenue And Remittance
   Reporting, Order (OTAP Dec. 8, 2006). ETCs such as VCI are eligible to
   participate in both the federal and state programs.

   First LOI Response at Exhibit J. The number of duplicate telephone numbers
   found by OTAP in Oregon matched the total number of duplicate numbers that
   VCI reported in its LOI response each month from September 2005 through
   March 2006. Based on these facts, we conclude there is a preponderance of
   the evidence that VCI submitted the same duplicate requests to USAC.

   Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings
   Division, Enforcement Bureau, Federal Communications Commission, to
   Stanley Johnson, VCI Company, dated May 25, 2007 ("May 25th LOI"); Letter
   from Trent B. Harkrader, Deputy Chief, Investigations and Hearings
   Division, Enforcement Bureau, Federal Communications Commission, to
   Stanley Johnson, VCI Company, dated July 3, 2007 ("July 3rd LOI").

   Letter from B. Lynn F. Ratnavale, Lukas, Nace, Gutierrez & Sachs,
   Chartered, Counsel for VCI Company, to Diana Lee, Attorney Advisor,
   Investigations and Hearings Division, Enforcement Bureau, Federal
   Communications Commission, dated June 13, 2007 (Response to Inquiries 1-5
   and 6-10) ("First LOI Response").

   Letter from B. Lynn F. Ratnavale, Lukas, Nace, Gutierrez & Sachs,
   Chartered, Counsel for VCI Company, to Diana Lee, Attorney Advisor,
   Investigations and Hearings Division, Enforcement Bureau, Federal
   Communications Commission, dated June 27, 2007 (Response to Inquiry 6)
   ("Second LOI Response").

   Letter from B. Lynn F. Ratnavale, Lukas, Nace, Gutierrez & Sachs,
   Chartered, Counsel for VCI Company, to Diana Lee, Attorney Advisor,
   Investigations and Hearings Division, Enforcement Bureau, Federal
   Communications Commission, dated July 12, 2007 ("Third LOI Response").

   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, 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.,  Forfeiture Order, 17 FCC Rcd 7589,
   7591, P: 4 (2002) (forfeiture paid).

   See First LOI Response, Exhibit J; First LOI Response, Response to Inquiry
   15(d); Third LOI Response, Response to Inquiries 44-45.

   First LOI Response, Exhibit J; Third LOI Response at Exhibit R. USAC
   transmits monthly low-income payment to VCI one month after VCI submits
   the Form 497. USAC thus disbursed monthly low-income reimbursements to VCI
   for service provided from September 2005 through February 2007 in each of
   the respective months from November 2005 through April 2007. See id.

   VCI admitted that it initially designed a computer system that extracted
   data using only the customer's social security number. VCI updated the
   system to "utilize two additional customer identifiers, telephone number
   and address," in May 2007 "to ensure that customer data is collected and
   submitted correctly." First LOI Response, Response to Inquiry 15(d); see
   also Third LOI Response, Response to Inquiry 44.

   VCI used this system to support its reimbursement requests in all states
   it provided service. Thus, in addition to submitting claims for
   reimbursement for duplicate telephone numbers and addresses in Minnesota,
   Oregon, and Washington, VCI also presumably did the same in other states
   for which it sought reimbursement for support. We will review VCI's
   actions in these other states in a separate investigation.

   First LOI Response, Response to Inquiry 15(d).

   See First LOI Response at Exhibit I.

   Third LOI Response, Response to Inquiry 44.

   See supra at n.49.

   First LOI Response at Exhibit J.

   VCI ceased providing service in Washington in January 11, 2007 and in
   Oregon on February 1, 2007. 

   47 U.S.C. S: 503(b)(2)(B); see also 47 C.F.R. S: 1.80(b)(2); see also
   Amendment of Section 1.80(b) of the Commission's Rules, Adjustment of
   Forfeiture Maxima to Reflect Inflation, Order, 15 FCC Rcd 18221 (2000).

   See, e.g., Local Phone Services, Inc., Notice of Apparent Liability for
   Forfeiture, 21 FCC Rcd 9974, 9979, P: 14 (2006) ("Local Phone Services
   NAL").

   Carriers must also file once per year a Form 499-A reporting the previous
   year's annual revenues.

   See supra at n.49.

   See, e.g., Globcom, Inc.,  Notice of Apparent Liability for Forfeiture and
   Order, 18 FCC Rcd 19893, 19905, P: 34 (2003) (admonishing for failure to
   file Form 499 more than one year prior to the NAL date).

   As mentioned above, USAC requires an ETC seeking low-income reimbursement
   to file a Form 497 for each state and month. VCI filed eight inaccurate
   Form 497s from August 2006 through November 2006 for Oregon and
   Washington, and eight inaccurate Form 497s from August 2006 through March
   2007 for service in Minnesota.

   47 U.S.C. S: 254(b)(3).

   See, e.g., Local Phone Services NAL., 21 FCC Rcd at 9980, P: 15.

   "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." Local Phone Services NAL, 21 FCC Rcd at 9979, P:
   15.

   First LOI Response at Exhibit J; Third LOI Response at Exhibit R.

   47 C.F.R. S: 54.407(b).

   In this respect, the unlawful receipt of USF monies resembles the failure
   to pay USF contributions. See Globcom, Inc., Order of Forfeiture, 21 FCC
   Rcd 4710, 4723, P: 35 n.105 (2006) ("Globcom Forfeiture Order") ("Each
   failure to pay the amount due each month constituted a violation that
   continued for more than 10 days);  Matrix Telecom, Inc., Notice of
   Apparent Liability, 15 FCC Rcd 13544 (2000); Conquest Operator Services
   Corp., Order of Forfeiture, 14 FCC Rcd 12518, 12525, P: 16 (1999).
   Moreover, USAC permits carriers seeking low-income support up to 27 months
   to revise any Form 497s.

   See, e.g., Local Phone Services NAL, 21 FCC Rcd at 9980, P: 16.

   InPhonic, Inc., Order of Forfeiture and Further Notice of Apparent
   Liability for Forfeiture, FCC 07-58 at P: 28 & n.87 (rel. May 3, 2007)
   (citing cases).

   See, e.g., Local Phone Services NAL, 21 FCC Rcd at 9980, P: 15.

   First LOI Response at Exhibit J; Third LOI Response at Exhibit R.

   47 C.F.R. S: 54.413(b).

   See 1997 Universal Service Order, 12 FCC Rcd at 8957, P: 341; 2004
   Lifeline Order, 19 FCC Rcd at 8306, P: 4; See also C.F.R. S:S:
   54.411(a)(1), (c).

   See supra n.69.

   See, e.g., Federal-State Joint Board on Universal Service, Order, 20 FCC
   Rcd 6371, 6402, P: 72 (2005).

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

   47 U.S.C. S: 4(i).

   47 C.F.R. S:S: 54.407(c) and 54.413(b).

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

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