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-1237
In the Matter of
) NAL/Acct. No. 200932080033
Yukon-Waltz Communications, Inc.
) FRN No. 0017501289
)
ORDER
Adopted: March 23, 2009 Released: March 23, 2009
By the Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and Yukon-Waltz
Communications, Inc. ("Yukon-Waltz" or "the Company"). The Consent
Decree terminates an investigation by the Bureau against Yukon-Waltz
for possible violations of section 214 of the Communications Act of
1934, as amended, and sections 63.18 and 64.1195 of the Commission's
Rules, which require that an entity obtain an international 214
authorization prior to providing international telecommunications
service and register with the Universal Service Administrative
Company.
2. The Bureau and Yukon-Waltz 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 Yukon-Waltz possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization including that required
to be an authorized common carrier.
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 a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Thomas J. Moorman, Esq., Woods & Aitken LLP, Suite 200,
2154 Wisconsin Avenue, NW, Washington, DC 20007.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB-08-IH-1237
In the Matter of
) NAL/Acct. No. 200932080033
Yukon-Waltz Communications, Inc.
) FRN No. 0017501289
)
CONSENT DECREE
1. The Enforcement Bureau ("Bureau") and Yukon-Waltz Communications, Inc.
("Yukon-Waltz" or "the Company"), by their authorized representatives,
hereby enter into this Consent Decree for the purpose of terminating
the Enforcement Bureau's investigation into whether Yukon-Waltz
violated section 214 of the Communications Act of 1934, as amended,
and sections 63.18 and 64.1195 of the Commission's Rules, which,
respectively, require that an entity obtain an international 214
authorization prior to providing international telecommunications
service and register with the Universal Service Administrative
Company.
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. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
c. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
d. "Compliance Plan" means the program described in this Consent Decree
at paragraph 9.
e. "Effective Date" means the date on which the Commission releases the
Adopting Order.
f. "Investigation" means the investigation commenced by the Bureau's July
7, 2008 Letter of Inquiry regarding, among other issues, whether
Yukon-Waltz violated sections 63.18 and 64.1195 of the Commission's
Rules, which, respectively, require that an entity obtain an
international 214 authorization prior to providing international
telecommunications service and register with the Universal Service
Administrative Company.
g. "Yukon-Waltz" or the "Company" means Yukon-Waltz Communications, Inc.,
a wholly-owned subsidiary of Yukon-Waltz Telephone Company, and its
predecessors-in-interest and successors-in-interest.
h. "Order" or "Adopting Order" means an Order of the Bureau adopting the
terms of this Consent Decree without change, addition, deletion, or
modification.
i. "Parties" means Yukon-Waltz 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 214 of the Act and section 63.18 of the
Commission's rules, common carriers must obtain an international 214
authorization from the Commission prior to providing international
telecommunications service. Moreover, pursuant to section 64.1195 of
the Commission's rules, a telecommunications carrier that will provide
interstate service must register with the Universal Service
Administrative Company.
4. On March 20, 2008, Yukon-Waltz disclosed to the Commission certain
compliance matters related to its interstate and international long
distance operations. On July 7, 2008, the Bureau issued a letter of
inquiry ("LOI") to the Company. The July 7, 2008 LOI directed
Yukon-Waltz, among other things, to submit a sworn written response to
a series of questions relating to the Company's compliance with the
Commission's rules. Yukon-Waltz responded to the July 8, 2008 LOI on
July 21, 2008. On August 15, 2008, the Bureau issued a follow-up
letter of inquiry to Yukon-Waltz. Yukon-Waltz responded to the August
15, 2008 follow-up LOI on September 2, 2008.
III. TERMS OF AGREEMENT
5. 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.
6. Jurisdiction. Yukon-Waltz 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.
7. 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.
8. 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, Yukon-Waltz 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, or recommend to the Commission any new proceeding,
formal or informal, or take any action on its own motion against
Yukon-Waltz 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 or in response to third-party submissions any
proceeding, formal or informal, or take any action on its own motion
against Yukon-Waltz with respect to Yukon-Waltz's basic
qualifications, including its character qualifications, to be a
Commission licensee or authorized common carrier or hold Commission
authorizations.
9. Compliance Plan. For purposes of settling the matters set forth
herein, Yukon-Waltz agrees to maintain a Compliance Plan related to
future compliance with the Act, the Commission's Rules, and the
Commission's Orders. The Plan will include, at a minimum, the
following components:
a. Education Program. Yukon-Waltz, through its parent company, shall
develop a Policy Statement that will be provided to and discussed
with Company managers and other parties responsible for and involved
in the Company's federal regulatory responsibilities with respect to
its on-going compliance responsibility with respect to the rules and
requirements applicable to Commission authorizations under section
214 of the Act as implemented by section 63.18 of the Commission's
Rules and the rules and requirements applicable to registration with
the Universal Service Administrative Company under section 64.1195 of
the Commission's Rules.
b. Federal Regulatory Counsel. Yukon-Waltz will implement a policy of
contacting federal regulatory counsel, as necessary, in the event
that Yukon-Waltz is unclear with respect to the proper implementation
of the Policy Statement identified in paragraph 9(a), above.
c. Compliance Reports. Yukon-Waltz will file compliance reports with the
Commission ninety days after the Effective Date, twelve months after
the Effective Date, and twenty-four months after the Effective Date.
Each compliance report shall include a compliance certificate from an
officer, as an agent of Yukon-Waltz, stating that the officer has
personal knowledge that Yukon-Waltz has established operating
procedures intended to ensure compliance with this Consent Decree and
outlining within that statement the basis for the officer's
compliance certification. All compliance reports shall be submitted
to Division Chief, Investigations and Hearings Division, Enforcement
Bureau, Federal Communications Commission, 445 12th Street, S.W.,
Washington, D.C. 20554.
d. Termination Date. Unless stated otherwise, the Compliance Plan
requirements of this Consent Decree will expire twenty-four (24)
months after the Effective Date.
10. 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 Yukon-Waltz 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 Yukon-Waltz of the Act, the rules, or the
Order.
11. Voluntary Contribution. Yukon-Waltz agrees that it will make a
voluntary contribution to the United States Treasury in the amount of
$40,000 within ten (10) 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. Yukon-Waltz will also send
electronic notification within forty-eight (48) hours of the date said
payment is made to irene.flannery@fcc.gov.
12. Waivers. Yukon-Waltz 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 Order adopting this Consent Decree, provided the Commission
issues an Order adopting the Consent Decree without change, addition,
modification, or deletion. Yukon-Waltz shall retain the right to
challenge Commission interpretation of the Consent Decree or any terms
contained herein and may present evidence that it has not violated the
Consent Decree. 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 Yukon-Waltz nor the Commission shall contest
the validity of the Consent Decree or the Adopting Order, and
Yukon-Waltz shall waive any statutory right to a trial de novo.
Yukon-Waltz 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.
13. 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 Yukon-Waltz does not expressly
consent) that provision will be superseded by such Commission rule or
Order.
14. Successors and Assigns. Yukon-Waltz agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
15. 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.
16. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
17. 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.
18. Authorized Representative. Each party represents and warrants to the
other that it has full power and authority to enter into this Consent
Decree.
19. 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
________________________________
James J. Kail
President
Yukon-Waltz Communications, Inc.
________________________________
Date
Yukon-Waltz Communications, Inc. is a wholly-owned subsidiary of
Yukon-Waltz Telephone Company.
47 U.S.C. S: 214.
47 U.S.C. S:S: 63.18, 64.1195.
47 U.S.C. S: 154(i).
47 C.F.R. S:S: 0.111, 0.311.
47 U.S.C. S: 214.
47 C.F.R. S:S: 63.18, 64.1195.
See Letter from Trent B. Harkrader, Deputy Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications Commission,
to Thomas J. Moorman, Esq., Woods & Aitken LLP (dated July 7, 2008)("July
7, 2008 LOI").
47 C.F.R. S:S: 63.18, 64.1195. See also 47 U.S.C. S: 214.
47 U.S.C. S: 214.
47 C.F.R. S: 63.18.
47 C.F.R. S: 64.1195.
See July 8, 2008 LOI.
See Letter from Thomas J. Moorman, Esq., Woods & Aitken LLP, to Marlene H.
Dortch, Secretary, Federal Communications Commission, dated July 21, 2008
("July 21, 2008 Response").
See Letter from Hillary S. DeNigro, Chief, Investigations and Hearings
Division, Enforcement Bureau, Federal Communications Commission, to Thomas
J. Moorman, Esq., Woods & Aitken LLP, dated August 15, 2008 ("August 15,
2008 follow-up LOI").
Letter from Thomas J. Moorman, Esq., Woods & Aitken LLP to Marlene H.
Dortch, Secretary, Federal Communications Commission, dated September 2,
2008 ("September 2, 2008 Response"); see also Letter from Thomas J.
Moorman, Esq., Woods & Aitken LLP to Marlene H. Dortch, Secretary, Federal
Communications Commission, dated September 9, 2008.
Federal Communications Commission DA 09-639
1
1
Federal Communications Commission DA 09-639