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-08-IH-1384  
     In the Matter of                            )                           
                                                     NAL/Acct. No.           
     Supra Telecommunications & Information      )   200932080045            
     Systems, Inc.                                                           
                                                 )   FRN No. 0015-3277-45    
                                                                             
                                                 )                           


                                     ORDER

   Adopted: May 15, 2009 Released: May 15, 2009

   By the Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau (the "Bureau") and Supra
       Telecommunications & Information Systems , Inc. f/k/a Supra
       Telecommunications & Information Systems Acquisitions Corp. ("Supra").
       The Consent Decree terminates the enforcement proceeding initiated by
       the Bureau against Supra for possible violations of section 254 of the
       Communications Act of 1934, as amended (the "Act"), and section 54.706
       of the Commission's rules, relating to universal service.

    2. The Bureau and Supra 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 enforcement
       proceeding.

    4. In the absence of material new evidence relating to this matter, we
       conclude that the Bureau's investigation raises no substantial or
       material questions of fact as to whether Supra 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 Act
       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 a copy of this Order and Consent Decree
       shall be sent by first class mail and certified mail, return receipt
       requested, to Douglas D. Orvis II, Bingham McCutchen LLP, 2020 K
       Street, N.W., Washington, D.C. 20006-1806.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief

   Enforcement Burea

                                   Before the
                       Federal Communications Commission
                             Washington, D.C. 20554


     )                                                                      
                                                                            
     In the Matter of )                         File No. EB-08-IH-1384      
                                                                            
     )                                          NAL/Acct. No. 200932080045  
                                                                            
     Supra Telecommunications & Information )   FRN No. 0015-3277-45        
                                                                            
     Systems, Inc. )                                                        


                                 CONSENT DECREE

    1. The Enforcement Bureau ("Bureau") and Supra Telecommunications &
       Information Systems, Inc. ("Supra"), by its authorized representative,
       hereby enters into this Consent Decree for the purpose of terminating
       the Bureau's investigation concerning Supra's compliance with section
       254 of the Communications Act of 1934, as amended (the "Act"), and
       section 54.706 of the Commission's rules relating to universal
       service.

   I. DEFINITIONS

    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 Commission adopting the
            terms of this Consent Decree without change, addition, deletion,
            or modification.

         c. "Bureau" means the Enforcement Bureau of the Federal
            Communications Commission.

         d. "Supra" means Supra Telecommunications & Information Systems,
            Inc. f/k/a Supra Telecommunications & Information Systems
            Acquisitions Corp. and its direct parent company (Cleartel
            Communications, Inc.) and any wholly or partially owned direct or
            indirect subsidiary of Supra Telecommunications & Information
            Systems, Inc. or its direct parent company.

         e. "Commission" and "FCC" mean the Federal Communications Commission
            and all of its bureaus and offices.

     f. "Compliance Plan" means the program described in this Consent Decree
        at paragraph 11.

     g. "Effective Date" means the date on which the Commission releases the
        Adopting Order.

     h. "Investigation" means the investigation commenced by the Bureau's
        June 26, 2008 Letter of Inquiry regarding Supra's universal service
        contribution obligations.

     i. "Parties" means Supra and the Bureau.

     j. "Rules" means the Commission's regulations found in Title 47 of the
        Code of Federal Regulations.

   II. BACKGROUND

    3. Pursuant to section 254(d) of the Act and section 54.706 of the rules,
       telecommunications carriers that provide interstate telecommunications
       services are required to contribute to the federal Universal Service
       Fund ("USF").

    4. Supra offers interstate and international telecommunications services
       and is subject to the requirements discussed in paragraph 3 above.

    5. On June 26, 2008, the Bureau issued a letter of inquiry to Supra. The
       June 26, 2008 LOI directed Supra, among other things, to submit a
       sworn written response to a series of questions relating to Supra's
       apparent failure to contribute to the USF. Supra responded to the June
       26, 2008 LOI on August 11, 2008.

    6. On May 11, 2009, Supra informed the Bureau that it had entered into an
       asset purchase agreement (the "APA"), whereby Supra will sell
       substantially all of its assets and customer base to a third party and
       will then no longer operate as a telecommunications carrier or
       otherwise offer or provide any regulated services subject to Title II
       of the Act.

   III. TERMS OF AGREEMENT

    7. Adopting Order. The Parties agree that the provisions of this Consent
       Decree shall be subject to final approval by the Bureau by
       incorporation of such provisions by reference in the Adopting Order
       without change, addition, modification, or deletion.

    8. Jurisdiction. Supra agrees that the Bureau has jurisdiction over it
       and the matters contained in this Consent Decree and has the authority
       to enter into and adopt this Consent Decree.

    9. Effective Date; Violations. The Parties agree that this Consent Decree
       shall become effective on the date on which the FCC releases the
       Adopting Order. Upon release, the Adopting Order and this Consent
       Decree shall have the same force and effect as any other order of the
       Bureau. Any violation of the Adopting Order or of the terms of this
       Consent Decree shall constitute a separate violation of a Bureau
       order, entitling the Bureau to exercise any rights and remedies
       attendant to the enforcement of a Commission order.

   10. Termination of Investigation. In express reliance on the covenants and
       representations in this Consent Decree and to avoid further
       expenditure of public resources, the Bureau agrees to terminate its
       investigation. In consideration for the termination of said
       investigation, Supra agrees to the terms, conditions, and procedures
       contained herein. The Bureau further agrees that, in the absence of
       new material evidence, the Bureau will not use the facts developed in
       this investigation through the Effective Date of the Consent Decree,
       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 Supra concerning the matters that were the
       subject of the investigation. The Bureau also agrees that it will not
       use the facts developed in this investigation through the Effective
       Date of this Consent Decree, 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 Supra with respect to
       Supra's basic qualifications, including its character qualifications,
       to be a Commission licensee or authorized common carrier.

   11. Compliance Plan. For purposes of settling the matters set forth
       herein, Supra agrees to create within sixty (60) days a Compliance
       Plan related to Supra's future compliance with the Act, the
       Commission's rules, and the Commission's orders governing
       telecommunications service providers' federal reporting and
       contribution requirements. The Plan will include, at a minimum, the
       following components:

         a. Compliance Manual. Supra shall create, maintain, and update an
            FCC Compliance Manual. Supra personnel who engage in activities
            related to FCC regulation of Supra 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 Supra regarding the
            USF compliance and reporting requirements. The Compliance Manual
            will set forth a schedule of filing and payment dates associated
            with the USF. The Compliance Manual will encourage personnel to
            contact Supra's Designated Contact or internal regulatory legal
            counsel, with any questions or concerns that arise with respect
            to Supra's FCC compliance. Supra shall submit to the Bureau a
            final version of its Compliance Manual sixty (60) days after the
            Effective Date.

     b. Compliance Training Program. Supra will establish an FCC compliance
        training program for any employee who engages in activities related
        to FCC regulation of Supra. 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. Supra will designate one employee as the point of
        contact for all FCC compliance matters.

     d. Review and Monitoring. Supra 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. Compliance Reports. Supra will file Compliance Reports with the
        Commission ninety (90) days after the Effective Date, twelve (12)
        months after the Effective Date, and twenty-four (24) months after
        the Effective Date. Each Compliance Report shall include a compliance
        certificate from an officer, as an agent of Supra, stating that the
        officer has personal knowledge that Supra 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 Compliance Reports shall be
        submitted to Chief, Investigations & Hearings Division, Enforcement
        Bureau, Federal Communications Commission, 445 12th Street, S.W.,
        Room 4-C320, Washington, D.C. 20554.

     f. Termination. Supra's obligations under this Paragraph shall expire at
        the earlier of a) twenty-four (24) months after the Effective Date,
        or b) upon notice provided by Supra to the Bureau, that Supra (i) has
        ceased operations as a telecommunications carrier and will no longer
        offer or provide any regulated services subject to Title II of the
        Act, and (ii) is in full compliance with all obligations under this
        Consent Decree and all outstanding reporting and contribution
        requirements as of the date of the notice. This notice shall be
        accompanied by a sworn declaration from an officer of Supra,
        certifying that Supra has ceased operations as a telecommunications
        carrier and will no longer offer or provide any regulated services
        subject to Title II of the Act, and that Supra is in full compliance
        with all obligations under this Consent Decree and all outstanding
        reporting and contribution requirements. This notice shall be
        submitted to Chief, Investigations & Hearings Division, Enforcement
        Bureau, Federal Communications Commission, 445 12th Street, S.W.,
        Room 4-C320, Washington, D.C. 20554

   12. Section 208 Complaints: Subsequent Investigations. Nothing in this
       Consent Decree shall prevent the Commission or its delegated authority
       from adjudicating complaints filed pursuant to section 208 of the Act
       against Supra or its affiliates for alleged violations of the Act, or
       for any other type of alleged misconduct, regardless of when such
       misconduct took place. The Commission's adjudication of any such
       complaint will be based solely on the record developed in that
       proceeding. Except as expressly provided in this Consent Decree, this
       Consent Decree shall not prevent the Commission from investigating new
       evidence of noncompliance by Supra of the Act, the rules, or the
       Order.

   13. Voluntary Contribution. Supra agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of twelve
       thousand dollars ($12,000) within seven (7) business days after the
       Effective Date of the Adopting Order. The payment must be made by
       check or similar instrument, payable to the order of the Federal
       Communications Commission. The payment must include the Account Number
       and FRN Number referenced in the caption to the Adopting Order.
       Payment by check or money order may be mailed 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 by wire transfer may be made to ABA Number 021030004,
       receiving bank Federal Reserve Bank of New York, and account number
       27000001. Supra will also send electronic notification within
       forty-eight (48) hours of the date said payment is made to
       Michele.Berlove@fcc.gov.

   14. Waivers. Supra 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 Commission issues an
       Adopting Order adopting the Consent Decree without change, addition,
       modification, or deletion. Supra shall retain the right to challenge
       Commission interpretation of the Consent Decree or any terms contained
       herein. 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 Supra nor the Commission shall contest the
       validity of the Consent Decree or the Adopting Order, and Supra shall
       waive any statutory right to a trial de novo. Supra hereby 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.

   15. Subsequent Rule or Order. The Parties 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 Supra does not expressly
       consent) that provision will be superseded by such Commission rule or
       order.

   16. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties. The
       Parties further 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.

   17. Modifications. This Consent Decree cannot be modified without the
       advance written consent of both Parties.

   18. Paragraph Headings. The headings of the Paragraphs in this Consent
       Decree are inserted for convenience only and are not intended to
       affect the meaning or interpretation of this Consent Decree.

   19. Authorized Representative. Each party represents and warrants to the
       other that it has full power and authority to enter into this Consent
       Decree.

   20. Counterparts. This Consent Decree may be signed in any number of
       counterparts (including by facsimile), each of which, when executed
       and delivered, shall be an original, and all of which counterparts
       together shall constitute one and the same fully executed instrument.

   Kris Anne Monteith

   Chief

   Enforcement Bureau

   Date

   Keith Parsons

   Vice President

   Supra Telecommunications & Information Systems, Inc.

   Date

   47 U.S.C. S: 254; 47 C.F.R. S: 54.706.

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

   47 C.F.R. S:S: 0.111, 0.311.

   47 U.S.C. S: 254; 47 C.F.R. S: 54.706.

   See Letter from Trent B. Harkrader, Deputy Chief, Investigations and
   Hearings Division, Enforcement Bureau, Federal Communications Commission
   to John Patton, CEO, Supra Telecommunications & Information Systems
   Acquisitions Corp., issued June 26, 2008 ("June 26, 2008 LOI").

   47 U.S.C. S: 254(d); 47 C.F.R. S:S: 54.706, 54.711, 54.713.

   See June 26, 2008 LOI.

   See Letter from Douglas D. Orvis II, Bingham McCutchen LLP, to Marlene H.
   Dortch, Secretary, FCC, Attn: Michele Levy Berlove, Attorney Advisor,
   Investigations & Hearings Division, Enforcement Bureau, FCC, dated August
   11, 2008 ("LOI Response").

   Federal Communications Commission DA 09-1073

   2

   2

   Federal Communications Commission DA 09-1073

                                Federal Communications Commission  DA 09-1073

                                       6

                                Federal Communications Commission  DA 09-1073

                                       1