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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               
                                                                         
     In the Matter of                    )   File No. EB-08-IH-5217      
                                                                         
     Teleplus, LLC                       )   NAL/Acct. No. 200932080046  
                                                                         
     Apparent Liability for Forfeiture   )   FRN No. 0014157283          
                                                                         
                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: June 4, 2009 Released: June 4, 2009

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Teleplus, LLC ("Teleplus") apparently violated section 214 of the
       Communications Act of 1934, as amended (the "Act") and section 63.18
       of the Commission's rules by willfully or repeatedly failing to obtain
       an international section 214 authorization before providing
       international telecommunications service. Based on our review of the
       facts and circumstances surrounding this matter, and for the reasons
       discussed below, we find that Teleplus is apparently liable for a
       total forfeiture of $100,000.

   II. BACKGROUND

    2. Section 214(a) of the Act prohibits any carrier from constructing,
       extending, or operating any line, and from engaging in transmission
       through any such line, "unless and until there shall first have been
       obtained from the Commission a certificate that the present or future
       public convenience and necessity" require, or will require, the
       construction, extension, or operation of the line. While the
       Commission has granted "blanket" authority to carriers providing
       domestic service, meaning that such carriers need not apply to the
       Commission for such authority before providing domestic service, the
       Commission has not done the same for providers of international
       telecommunications services. Rather, section 63.18 of the Commission's
       rules requires that any carrier that seeks section 214 authority "for
       provision of common carrier communication services between the United
       States, its territories or possessions, and a foreign point shall
       request such authority by application." Through this process the
       applicant provides the Commission with, among other things, contact
       information, ownership information, information on any affiliations it
       may have with foreign carriers, certification that it will comply with
       Commission rules, and certification that the applicant is not subject
       to denial of Federal benefits pursuant to the Anti-Drug Abuse Act of
       1988. The application requirement applies to carriers that resell the
       service of another authorized carrier, and to domestic providers of
       wireless telecommunications service that also provide international
       telecommunications service.

    3. Teleplus is a Florida-based company that has provided international
       telecommunications services since May 2005. Teleplus provides prepaid
       calling cards that are mainly used by consumers to make U.S.
       interstate, intrastate, and international telephone calls. Teleplus
       sells its prepaid calling cards directly to consumers through the
       www.teleplusllc.com and www.callingcardplus.com web sites, as well as
       through distributors and resellers.

    4. On February 17, 2006, Teleplus submitted an application for
       international section 214 authority, in which it stated that it had
       not previously received authority under section 214 of the Act.
       Because Teleplus was owned by foreign nationals, the application was
       referred to the Executive Branch for review for national security, law
       enforcement, foreign policy, and trade concerns. During the course of
       Executive Branch review, while its 214 application was still pending,
       Teleplus represented to the Department of Justice and the Commission's
       International Bureau that it had accumulated a customer base of at
       least 1,000 retail end users and had earned several million dollars in
       revenue from its prepaid calling card services in calendar year 2007
       alone. The International Bureau granted Teleplus's section 214
       application on June 19, 2008 after the conclusion of Executive Branch
       review, without prejudice to subsequent enforcement action by the
       Commission for non-compliance with the Act or the Commission's rules.

    5. On March 30, 2009, the Commission's Enforcement Bureau ("Bureau")
       issued a letter of inquiry ("LOI"), initiating an investigation into
       whether Teleplus may have violated the Act and the Commission's rules
       pertaining to the provision of international telecommunications
       service. Teleplus responded to the LOI on April 10, 2009.

   III. DISCUSSION

    6. 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 of section 312(f)(1) of the Act clarifies that this definition
       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 a
       forfeiture if it finds by a preponderance of the evidence that the
       person has violated the Act or a Commission rule.

    7. The fundamental issue in this case is whether Teleplus apparently
       violated the Act and the Commission's rules by willfully or repeatedly
       failing to obtain an international section 214 authorization before
       providing international telecommunications service, as required by
       section 63.18 of the Commission's rules. We answer this question in
       the affirmative. Based on the preponderance of the evidence, we
       conclude that Teleplus is apparently liable for a forfeiture of
       $100,000 for apparently willfully or repeatedly violating section 214
       of the Act and section 63.18 of the Commission's rules.

    A. Teleplus Apparently Failed to Obtain an International Section 214
       Authorization Before Providing International Telecommunications
       Service

    8. We find that Teleplus provided international telecommunications
       service without an international section 214 authorization from May
       2005 until June 18, 2008. In the LOI Response, Teleplus states that it
       began providing international telecommunications service in May 2005.
       However, Teleplus did not apply for international section 214
       authority until February 17, 2006, and stated in the application that
       it had not previously been granted such authority. Moreover, even
       though it continued to provide international telecommunications
       service, Teleplus failed to apply for Special Temporary Authority from
       the Commission while its application was pending, further aggravating
       its apparent violation. Furthermore, in response to the Bureau's
       request for a list of all international section 214 authorizations
       held by Teleplus, the company listed only the authorization granted on
       June 18, 2008. Thus, Teleplus apparently provided international
       telecommunications service without Commission-granted international
       section 214 authority from May 2005 to June 18, 2008. We therefore
       conclude based on a preponderance of the evidence that Teleplus has
       apparently willfully violated section 214 of the Act and section 63.18
       of the Commission's rules.

    B. Proposed Forfeiture Amount

    9. Section 503(b)(1) of the Act provides that any person that willfully
       or repeatedly fails 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 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)(E) 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."

   10. Under section 503(b)(6) of the Act, we may only propose forfeitures
       for apparent violations that occurred within one year of the date of
       this NAL. Nevertheless, section 503(b) does not bar us from assessing
       whether Teleplus's conduct prior to that time period apparently
       violated the Act or our rules in determining the appropriate
       forfeiture amount for those violations within the statute of
       limitations. Therefore, although we find that Teleplus apparently
       violated the Act and our rules for over three years, we propose
       forfeitures here only for violations that occurred within the last
       year.

   11. We conclude that Teleplus has apparently failed to obtain an
       international section 214 authorization from the Commission prior to
       providing international telecommunications service. A carrier's
       failure to obtain the 214 authorization undermines the Commission's
       ability to accomplish Congress' objectives in section 214 of the Act.
       Teleplus apparently operated as an international telecommunications
       service provider from May 2005 until June 18, 2008 without
       authorization from the Commission. We therefore find that this
       apparent violation of the Act and the Commission's rules was repeated.
       Given the unambiguous language of the Act, the Commission's rules and
       decisions, and even the Commission's web site, it should have been
       apparent to Teleplus that it was required to obtain section 214
       authority from the Commission to provide international
       telecommunications service.

   12. In light of the Commission's clear requirements, and the important
       public interest considerations involving national security, law
       enforcement, foreign policy, and trade policy, we find that Teleplus's
       failure to obtain section 214 authority from the Commission prior to
       providing international telecommunications service was also egregious.
       We also find that a proposed forfeiture must be large enough to have a
       deterrent effect on companies with gross revenues commensurate with
       those of Teleplus. Pursuant to the Commission's mandate from Congress
       to consider "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," we find that, consistent with
       prior precedent for entities failing to receive prior authorization
       from the International Bureau, a proposed forfeiture of $100,000 is
       warranted for Teleplus's apparent willful repeated failure to obtain
       section 214 authority from the Commission prior to providing
       international telecommunications service.

   IV. ORDERING CLAUSES

   13. 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, and the
       authority delegated by section 0.111 of the Commission's rules, 47
       C.F.R. S: 0.111, Teleplus, LLC is hereby NOTIFIED of its APPARENT
       LIABILITY FOR A FORFEITURE in the amount of $100,000 for willfully and
       repeatedly violating the Act and the Commission's rules.

   14. 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, Teleplus, LLC SHALL PAY the full amount
       of the proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   15. 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/Account Number and FRN Number referenced
       above. 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 TREAS/NYC, 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). Requests for full payment under
       an installment plan should be sent to:  Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554.   Please contact the Financial Operations Group Help Desk
       at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures. Teleplus will also send electronic
       notification on the date said payment is made to
       Hillary.DeNigro@fcc.gov.

   16. 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. Teleplus also will e-mail
       an electronic copy of its response to Hillary.DeNigro@fcc.gov.

   17. 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.

   18. 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 Edward Maldonado, Counsel for Teleplus, LLC, Maldonado
       Law Group, 7925 NW 12th Street, Suite 300, Doral, FL 33126.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

   47 U.S.C. S: 214.

   47 C.F.R. S: 63.18.

   47 U.S.C. S: 214(a).

   47 C.F.R. S: 63.01(a) ("Any party that would be a domestic interstate
   communications common carrier is authorized to provide domestic,
   interstate services to any domestic point and to construct or operate any
   domestic transmission line as long as it obtains all necessary
   authorizations from the Commission for use of radio frequencies.").

   Implementation of Section 402(b)(2)(A) of the Telecomm. Act of 1996,
   Report and Order in CC Docket No. 97-11, Second Memorandum Opinion & Order
   in AAD File No. 98-43, 14 FCC Rcd 11364, 11366 n.8 (1999) (grant of
   blanket authority is only for domestic services and does not extend to the
   provision of international services).

   47 C.F.R. S: 63.18.

   See id.

   See id. S: 63.18(e)(2).

   1998 International Biennial Regulatory -- Review of International Common
   Carrier Regulations, Report and Order, 14 FCC Rcd 4909, 4926-27, P:P:
   38-39 (1999) ("1998 International Biennial Review Order"). See also
   Personal Communications Indus. Ass'n's Broadband Personal Communications
   Servs. Alliance's Pet. for Forbearance for Broadband Personal
   Communications Servs., Memorandum Opinion and Order and Notice of Proposed
   Rulemaking, 13 FCC Rcd 16857, 16881-84, P:P: 45-54 (1998) (declining
   PCIA's request to forbear from requiring section 214 authority for a
   broadband PCS carrier to provide international services) ("PCIA
   Forbearance Order"); Implementation of Sections 3(n) and 332 of the
   Communications Act, Regulatory Treatment of Mobile Servs., Second Report
   and Order, 9 FCC Rcd 1411, 1481, P: 182 n.369 (1994) (declining to forbear
   from application of section 214 to CMRS carriers' provision of
   international services).

   See Response of Teleplus, LLC. to the Enforcement Bureau's March 30, 2009
   Letter of Inquiry (Apr. 10, 2009) ("LOI Response"), Response to Inquiry
   No. 6.

   See E-mail from Anteneh "Alonzo" T. Beyene, Regulatory Consultant to
   Teleplus, Regnum Group, Inc., to Jennifer Rockoff, National Security
   Division, U.S. Department of Justice and Mikelle Morra, International
   Bureau, FCC (May 15, 2008).

   See File No. ITC-214-20060217-00099.

   See Rules and Policies on Foreign Participation in the U.S.
   Telecommunications Market, Report and Order and Order on Reconsideration,
   12 FCC Rcd 23891, 23919-21, P:P: 61-66 (1997), Order on Reconsideration,
   15 FCC Rcd 18158 (2000).

   See E-mail from Anteneh "Alonzo" T. Beyene, Regulatory Consultant to
   Teleplus, Regnum Group, Inc., to Mikelle Morra, International Bureau, FCC
   (Mar. 13, 2008); E-mail from Anteneh "Alonzo" T. Beyene, Regulatory
   Consultant to Teleplus, Regnum Group, Inc., to Jennifer Rockoff, National
   Security Division, U.S. Department of Justice and Mikelle Morra,
   International Bureau, FCC (May 15, 2008).

   See International Authorizations Granted, Public Notice, Rep. No.
   TEL-01280, DA No. 08-1441 (rel. June 19, 2008).

   See Letter from Trent B. Harkrader, Deputy Chief, Investigations &
   Hearings Division, Enforcement Bureau, FCC, to Amr Ibrahim, Teleplus, LLC
   (Mar. 30, 2009) ("LOI").

   See LOI Response.

   See 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, P: 5 (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, Inc.") (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).

   47 U.S.C. S: 214; 47 C.F.R. S: 63.18.

   LOI Response, Response to Inquiry No. 6.

   See P: 4 supra.

   LOI Response, Response to Inquiry No. 4.

   47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(2).

   47 U.S.C. S: 503(b)(2)(B); 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). These are the
   statutory maxima in effect for the period of the apparent violation.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 503(b)(6)(B); see also 47 C.F.R. S: 1.80(c)(3).

   See, e.g., Globcom, Inc., Notice of Apparent Liability for Forfeiture and
   Order, 18 FCC Rcd 19893, 19903, P: 23 (2003); Roadrunner Transp., Inc.,
   Forfeiture Order, 15 FCC Rcd 9669, 9671, P: 8 (2000); Liab. of E. Broad.
   Corp., Memorandum Opinion and Order, 10 F.C.C. 2d 37, P: 3 (1967).

   47 U.S.C. S: 214(a).

   See, e.g., 47 C.F.R. S:S: 63.12, 63.18, 63.20, 63.21, 63.23; see also 1998
   International Biennial Review Order, 14 FCC Rcd 4909;  Regulation of Int'l
   Common Carrier Services, Report and Order, 7 FCC Rcd 7331 (1992)
   ("International Resale Order").

   For example, the Commission's website has a list of frequently asked
   questions about section 214 applications for providers of international
   telecommunications services. See http://www.fcc.gov/ib/pd/pf/214faq.html.
   Among the questions and answers are the following: "Question: If I am
   merely reselling the international services of another carrier, do I have
   to file a section 214 application? Answer: Yes, including in the case of
   mobile international services. Refer to 47 CFR S: 63.18(e)(2), global
   resale service."

   See 1998 International Biennial Review Order, 14 FCC Rcd at 4915-17, P:P:
   15-18; id. 4939-40, P:P: 72-74.

   See P: 4 supra; LOI Response, Response to Inquiry No. 7 (providing revenue
   data for 2006 through the first quarter of 2009).

   47 U.S.C. S: 503(b)(2)(E).

   InPhonic, Inc., Order of Forfeiture and Further Notice of Apparent
   Liability for Forfeiture, 22 FCC Rcd 8689, 8703, P:35 (2007); ADMA
   Telecom, Inc., Notice of Apparent Liability for Forfeiture, FCC 09-1, P:
   38 (rel. Jan. 14, 2009); Omniat International Telecom, LLC d/b/a OMNIAT
   Telecom, Notice of Apparent Liability for Forfeiture and Order, FCC 09-26,
   P: 25 (rel. Mar. 31, 2009).

   See 47 C.F.R. S: 1.80.

   (Continued from previous page)

                                                               (continued...)

   Federal Communications Commission DA 09-1264

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                                 Federal Communications Commission DA 09-1264