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Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB-07-IH-5304
In the Matter of
) NAL/Acct. No. 200832080086
WTI Communications, Inc.
) FRN No. 0009-7608-69
)
ORDER
Adopted: May 30, 2008 Released: June 4, 2008
By the Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and WTI Communications, Inc.
("WTI"). The Consent Decree terminates an investigation by the Bureau
against WTI for possible violation of sections 9, 254(d), 225, and
251(e)(2) of the Communications Act of 1934, as amended (the "Act"),
and sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195
of the Commission's rules relating to regulatory fees, the universal
service fund, telecommunications relay service fund, and cost recovery
mechanisms for the North American Numbering Plan administration and
local number portability.
2. The Bureau and WTI have negotiated the terms of the Consent Decree
that resolve this matter. A copy of the Consent Decree is attached
hereto and incorporated by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigation.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether WTI possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the
Communications Act of 1934, as amended, and sections 0.111 and 0.311
of the Commission's Rules, the Consent Decree attached to this Order
IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED.
7. IT IS FURTHER ORDERED that WTI shall make its voluntary contribution
to the United States Treasury, as specified in the Consent Decree, by
mailing a check or similar instrument payable to the Order of the
Federal Communications Commission, to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
overnight mail may be sent to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment[s] by
wire transfer may be made to ABA Number 021030004, receiving bank
Federal Reserve Bank of New York, and account number 27000001. For
payment by credit card, an FCC Form 159 (Remittance Advice) must be
submitted. When completing the FCC Form 159, enter the NAL/Account
number in block number 23A (call sign/other ID), and enter the letters
"FORF" in block number 24A (payment type code). WTI shall also send
electronic notification of payment of the voluntary contribution on
the date said payment is made to michele.berlove@fcc.gov.
8. IT IS FURTHER ORDERED that WTI will file reports with the Commission
ninety days after the effective date of the Consent Decree, as defined
therein ("Effective Date"), twelve months after the Effective Date,
and twenty-four months after the Effective Date. Each report shall
include a compliance certificate from an officer, as an agent of WTI,
stating that the officer has personal knowledge that WTI has
established operating procedures intended to ensure compliance with
this Consent Decree, together with an accompanying statement
explaining the basis for the officer's compliance certification. All
reports shall be submitted to Hillary S. DeNigro, Chief,
Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, 445 12th Street, S.W., Washington, D.C.
20554.
9. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Frank G. Lamancusa, Bingham McCutchen LLP, 2020 K
Street, N.W., Washington, D.C. 20006-1806.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
47 U.S.C. S:S: 159, 254(d), 225, and 251(e)(2).
47 C.F.R. S:S: 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195.
47 U.S.C. S: 154(i).
47 C.F.R. S:S: 0.111, 0.311.
Federal Communications Commission DA 08-1178
2
Federal Communications Commission DA 08-1178