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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
                                                                             
     In the Matter of                        )   File No. EB-06-TC-4174      
                                                                             
     Keystone Wireless d/b/a Immix           )   NAL/Acct. No. 200732170033  
     Wireless                                                                
                                             )   FRN: 0007415706             
                                                                             
                                             )                               


                                     ORDER

   Adopted: October 4, 2010 Released: October 5, 2010

   By the Assistant Division Chief, Telecommunications Consumers Division,
   Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau ("Bureau") of the Federal
       Communications Commission ("FCC" or "Commission") and Keystone
       Wireless d/b/a Immix Wireless ("Keystone Wireless"). The Consent
       Decree terminates an investigation and Notice of Apparent Liability
       for Forfeiture ("NAL") by the Bureau against Keystone Wireless for
       possible violation of section 222 of the Communications Act of 1934,
       as amended ("Communications Act" or "Act"), 47 U.S.C. S: 222, and
       section 64.2009(e) of the Commission's rules, 47 C.F.R. S: 64.2009(e),
       regarding Keystone Wireless's apparent failure to file a compliant
       annual customer proprietary network information ("CPNI") certification
       pursuant to 64.2009(e).

    2. The Bureau and Keystone Wireless 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, terminating the investigation and
       cancelling the NAL.

    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 Keystone Wireless 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 sections 4(i) and 503(b)
       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 and the Notice of Apparent Liability for Forfeiture IS
       CANCELLED.

   FEDERAL COMMUNICATIONS COMMISSION

   Kimberly A. Wild

   Assistant Division Chief

   Telecommunications Consumers Division

   Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
                                                                             
     In the Matter of                        )   File No. EB-06-TC-4174      
                                                                             
     Keystone Wireless d/b/a Immix           )   NAL/Acct. No. 200732170033  
     Wireless                                                                
                                             )   FRN: 0007415706             
                                                                             
                                             )                               


                                 CONSENT DECREE

    1. The Enforcement Bureau ("Bureau") and Keystone Wireless d/b/a Immix
       Wireless ("Keystone Wireless" or the "Company"), by their authorized
       representatives, hereby enter into this Consent Decree for the purpose
       of terminating the Enforcement Bureau's investigation into Keystone
       Wireless's possible noncompliance with the requirements of section 222
       of the Communications Act of 1934, as amended ("Communications Act" or
       "Act"), 47 U.S.C. S: 222, and section 64.2009(e) of the Commission's
       rules, 47 C.F.R. S: 64.2009(e).

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

    e. "Compliance Plan" means the program described in this Consent Decree
       at paragraph 10.

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

    g. "Investigation" means the investigation commenced by the Bureau's
       December 5, 2006, letter of inquiry regarding whether Keystone
       Wireless violated the requirements of section 222 of the
       Communications Act and section 64.2009(e) of the Commission's rules by
       failing to maintain a compliant customer proprietary network
       information ("CPNI") certification.

    h. "Keystone Wireless" means Keystone Wireless d/b/a Immix Wireless and
       its predecessors-in-interest and successors-in-interest.

    i. "NAL" means Notice of Apparent Liability for Forfeiture.

    j. "Parties" means Keystone Wireless and the Bureau.

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

   II. BACKGROUND

   3. Section 222 imposes the general duty on all telecommunications carriers
   to protect the confidentiality of their subscribers' proprietary
   information. The Commission has issued rules implementing section 222 of
   the Act. The Commission required carriers to establish and maintain a
   system designed to ensure that carriers adequately protected their
   subscribers' CPNI. Section 64.2009(e) is one such requirement. Pursuant to
   section 64.2009(e):

   A telecommunications carrier must have an officer, as an agent of the
   carrier, sign a compliance certificate on an annual basis stating that the
   officer has personal knowledge that the company has established operating
   procedures that are adequate to ensure compliance with the rules in this
   subpart. The carrier must provide a statement accompanying the certificate
   explaining how its operating procedures ensure that it is or is not in
   compliance with the rules in this subpart.

   4. The Bureau has been investigating the adequacy of procedures
   implemented by telecommunications carriers to ensure confidentiality of
   their subscribers' CPNI, based on concerns regarding the apparent
   availability to third parties of sensitive, personal subscriber
   information. For example, some companies, known as "data brokers," have
   advertised the availability of records of wireless subscribers' incoming
   and outgoing telephone calls for a fee. Data brokers have also advertised
   the availability of call information that relates to certain landline toll
   calls.

    1. As part of its inquiry into these issues, the Bureau sent a LOI to
       Keystone Wireless on December 5, 2006, directing it to produce the
       compliance certificates for the previous five (5) years that it had
       prepared pursuant to section 64.2009(e) of the Commission's rules. On
       December 13, 2006, Keystone Wireless submitted a document in response
       to the Bureau's LOI. The Bureau concluded that the document submitted
       by Keystone Wireless did not satisfy the requirements set forth in the
       rule and that Keystone Wireless had apparently failed to comply with
       the requirement that it have an officer certify on an annual basis
       that the officer has personal knowledge that Keystone Wireless has
       established operating procedures adequate to ensure compliance with
       the Commission's CPNI rules. Accordingly, on March 28, 2007, the
       Bureau released an NAL against Keystone Wireless proposing a monetary
       forfeiture of $100,000 for its apparent failure to comply with section
       64.2009(e) of the Commission's rules, and ordered the Company either
       to pay the proposed forfeiture or file a written response within
       thirty (30) days of the NAL release date stating why the proposed
       forfeiture should be reduced or canceled. Keystone Wireless filed its
       response to the NAL on April 25, 2007, and supplemented that response
       on May 15, 2007.

   III. TERMS OF AGREEMENT

    3. 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.

    4. Jurisdiction. Keystone Wireless 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.

    5. 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 Bureau Order.

    6. 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 and to cancel the NAL. In consideration for the
       termination of said investigation and cancellation of the NAL,
       Keystone Wireless 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 Keystone Wireless 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 Keystone
       Wireless with respect to Keystone Wireless's basic qualifications,
       including its character qualifications, to be a Commission licensee or
       authorized common carrier or hold Commission authorizations.

    7. Compliance Plan. For purposes of settling the matters set forth herein
       and to help ensure compliance with the Commission's CPNI rules,
       Keystone Wireless agrees to take all measures necessary to achieve
       full compliance with Section 64.2009(e) of the Commission's rules.
       Keystone Wireless agrees that, within thirty (30) days, its personnel
       will be trained as to when they are and are not authorized to use
       CPNI.  Keystone Wireless further agrees to have an express
       disciplinary process in place for the unauthorized use of CPNI, within
       thirty (30) days. Additionally, Keystone Wireless agrees to send a
       copy, either electronically or by regular mail, of its annual
       64.2009(e) compliance certificate for each of two years following the
       effective date of this Consent Decree to the Chief, Telecommunications
       Consumers Division, Enforcement Bureau, Federal Communications
       Commission, 445 12th Street, S.W. Room 4-C244, Washington, D.C.,
       20554, and must include the file number listed above. Keystone
       Wireless will also send an electronic copy of its certification to
       other Telecommunications Consumers Division staff as directed by the
       Bureau Chief. This Consent Decree will expire two (2) years after the
       Effective Date or upon the termination of the certification
       requirement set forth in sections 64.2009(e) of the Commission's
       rules, 47 C.F.R. S: 64.2009(e), whichever is earlier.

    8. 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 Keystone Wireless 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 Keystone Wireless of the Act, the rules,
       or the Order.

    9. Voluntary Contribution. Keystone Wireless  agrees that it will make a
       voluntary contribution to the United States Treasury in the amount of
       two thousand dollars ($2,000). The contribution will be made within
       thirty (30) calendar 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 NAL/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 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).
       Keystone Wireless will also send electronic notification on the date
       said payment is made to Johnny.Drake@fcc.gov.

   10. Waivers. Keystone Wireless 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. Keystone Wireless 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 Keystone Wireless nor the
       Commission shall contest the validity of the Consent Decree or the
       Adopting Order, and Keystone Wireless shall waive any statutory right
       to a trial de novo. Keystone Wireless 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.

   11. Severability. The Parties agree that if any of the provisions of the
       Adopting Order or the Consent Decree shall be invalid or
       unenforceable, such invalidity or unenforceability shall not
       invalidate or render unenforceable the entire Adopting Order or
       Consent Decree, but rather the entire Adopting Order or Consent Decree
       shall be construed as if not containing the particular invalid or
       unenforceable provision or provisions, and the rights and obligations
       of the Parties shall be construed and enforced accordingly. In the
       event that this Consent Decree in its entirety is rendered invalid by
       any court of competent jurisdiction, it shall become null and void and
       may not be used in any manner in any legal proceeding.

   12. 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 Keystone Wireless does not
       expressly consent) that provision will be superseded by such
       Commission rule or Order.

   13. Successors and Assigns. Keystone Wireless agrees that the provisions
       of this Consent Decree shall be binding on its successors, assigns,
       and transferees.

   14. 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.

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

   16. 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.

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

   18. 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.


     ________________________________              
                                                   
     Kimberly A. Wild                              
                                                   
     Assistant Division Chief                      
                                                   
     Telecommunications Consumers Division         
                                                   
     Enforcement Bureau                            
                                                   
     ________________________________              
                                                   
     Date                                          
                                                   
     ________________________________              
                                                   
     Robert C. Martin                              
                                                   
     President                                     
                                                   
     Keystone Wireless, LLC d/b/a Immix Wireless   
                                                   
     ________________________________              
                                                   
     Date                                          


   47 U.S.C. S: 154(i), 503(b).

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

   See Letter from Marcy Greene, Deputy Division Chief, Telecommunications
   Consumers Division, Enforcement Bureau, Federal Communications Commission,
   to Robert C. Martin, President, Keystone Wireless d/b/a Immix Wireless and
   David Kaufman, Esq., Brown, Nietert & Kaufman, Chartered (December 5,
   2006) ("December 5 LOI").

   47 C.F.R. 64.2009(e).

   Section 222 of the Communications Act provides that: "Every
   telecommunications carrier has a duty to protect the confidentiality of
   proprietary information of, and relating to, other telecommunications
   carriers, equipment manufacturers, and customers, including
   telecommunication carriers reselling telecommunications services provided
   by a telecommunications carrier." 47 U.S.C. S: 222.

   In the Matter of Implementation of the Telecommunications Act of 1996:
   Telecommunications Carriers' Use of Customer Proprietary Network
   Information and Other Customer Information and Implementation of the
   Non-Accounting Safeguards of Sections 271 and 272 of the Communications
   Act of 1934, as amended,  Order and Further Notice of Proposed Rulemaking,
   13 FCC Rcd 8061 (1998) ("CPNI Order"); see also  In the Matter of
   Implementation of the Telecommunications Act of 1996: Telecommunications
   Carriers' Use of Customer Proprietary Network Information and Other
   Customer Information and Implementation of the Non-Accounting Safeguards
   of Sections 271 and 272 of the Communications Act of 1934, as amended,
   Order on Reconsideration and Petitions for Forbearance, 14 FCC Rcd 14409
   (1999);  In the Matter of Implementation of the Telecommunications Act of
   1996: Telecommunications Carriers' Use of Customer Proprietary Network
   Information and Other Customer Information and Implementation of the
   Non-Accounting Safeguards of Sections 271 and 272 of the Communications
   Act of 1934, as amended; 2000 Biennial Regulatory Review -- Review of
   Policies and Rules Concerning Unauthorized Changes of Consumers' Long
   Distance Carriers,  Third Report and Order and Third Further Notice of
   Proposed Rulemaking, 17 FCC Rcd 14860 (2002).

   47 C.F.R. S: 64.2009(e). This rule has been amended since issuance of the
   NAL against Keystone Wireless. The quoted rule is cited as it was at the
   time of the alleged violation.

   See, e.g. http://www.epic.org/privacy/iei/.

   See id.

   See note 1, supra.

   Letter from Robert Martin, President, Keystone Wireless, to Marcy Greene,
   Deputy Division Chief, Telecommunications Consumers Division, Enforcement
   Bureau, Federal Communications Commission (December 13, 2006) ("response
   to LOI").

   In the Matter of Keystone Wireless d/b/a Immix Wireless, Notice of
   Apparent Liability for Forfeiture, 22 FCC Rcd. 5526 (Enf. Bur. rel. March
   28, 2007) ("NAL").

   Id.

   Request for Cancellation or Reduction of Proposed Forfeiture, filed by
   Keystone Wireless, LLC d/b/a Immix Wireless, April 25, 2007.

   Supplement to Request for Cancellation or Reduction of Proposed
   Forfeiture, filed by Keystone Wireless, LLC d/b/a/ Immix Wireless, May 15,
   2007

   Federal Communications Commission DA 10-1841

   2

   Federal Communications Commission DA 10-1841