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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
) File No. EB-09-IH-0619
File No. EB-09-IH-0620
In the Matter of )
Account. No. 201132080004
PageData LLC )
FRN: 0017194556
WaveSent LLC )
FRN: 0006790638
)
)
)
ORDER
Adopted: December 13, 2010 Released: December 13, 2010
By the Chief, Investigations and Hearings Division, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau (the "Bureau") and PageData LLC
("PageData") and WaveSent LLC ("WaveSent"). The Consent Decree
terminates the enforcement proceedings initiated by the Bureau against
PageData and WaveSent for possible violation of section 251(e) of the
Communications Act of 1934, as amended ("the Act"), section 52.15(f)
of the Commission's rules and Commission orders.
2. The Bureau and PageData and WaveSent 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 investigations.
4. In the absence of material new evidence relating to this matter, we
conclude that the Bureau's investigations raise no substantial or
material questions of fact as to whether PageData and WaveSent possess
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 investigations ARE
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, Joseph McNeal, Manager, PageData LLC/WaveSent LLC, 6610
Overland Road, Boise, ID, 83709.
FEDERAL COMMUNICATIONS COMMISSION
Hillary S. DeNigro
Chief, Investigations and Hearings Division
Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
) File No. EB-09-IH-0619
File No. EB-09-IH-0620
In the Matter of )
Account No. 201132080004
PageData LLC )
FRN: 0017194556
WaveSent LLC )
FRN: 0006790638
)
)
)
CONSENT DECREE
I. INTRODUCTION
1. The Enforcement Bureau of the Federal Communications Commission and
PageData LLC and WaveSent LLC hereby enter into this Consent Decree
for the purpose of terminating the Bureau's investigations of PageData
and WaveSent for possible violation of section 251(e) of the
Communications Act of 1934, as amended and section 52.15(f) of the
Commission's rules and Commission orders.
II. DEFINITIONS
8. 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 Bureau 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. "Companies" collectively means PageData LLC and WaveSent LLC and their
predecessors-in-interest and successors-in-interest.
f. "Compliance Plans" means the programs described in this Consent Decree
at paragraph 15.
g. "Effective Date" means the date on which the Commission releases the
Adopting Order.
h. "PageData" means PageData LLC and its predecessors-in-interest and
successors-in-interest.
i. "PageData (EB-09-IH-0619)" means the investigation commenced by the
Bureau's May 20, 2009 Letter of Inquiry and the Bureau's November 19,
2009 Supplemental Letter of Inquiry to PageData.
j. "Parties" means PageData, WaveSent and the Bureau, and each is a
"Party."
k. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
l. "WaveSent" means WaveSent LLC and its predecessors-in-interest and
successors-in-interest.
m. "WaveSent (EB-09-IH-0620)" means the investigation commenced by the
Bureau's May 20, 2009 Letter of Inquiry and the Bureau's November 19,
2009 Supplemental Letter of Inquiry to WaveSent.
III. BACKGROUND
9. Section 251(e) of the Act grants the Commission plenary jurisdiction
over the North American Numbering Plan ("NANP") and related telephone
numbering issues in the United States. The Commission has identified
two primary goals related to this statutory mandate: to ensure that
the limited numbering resources of the NANP are used efficiently for
the benefit of both consumers and carriers, and to ensure that all
carriers have the numbering resources necessary to compete in the
rapidly growing telecommunications marketplace.
10. The Commission has adopted mandatory utilization and forecast data
reporting requirements to facilitate the monitoring of numbering
resource usage within the NANP and promote more efficient use of
numbering resources. Section 52.15(f) of the Rules requires U.S.
carriers receiving numbering resources from the North American
Numbering Plan Administrator ("NANPA"), a Pooling Administrator, or
another telecommunications carrier to report semiannually on their
actual and forecasted number usage. To improve the accuracy of
utilization data reporting, the Commission has defined a uniform set
of categories in which carriers must classify and report their
numbers. Carriers report this data on FCC Form 502, the NRUF report.
NeuStar, Inc. ("NeuStar") currently serves as the NANPA and the
Pooling Administrator and receives NRUF reports.
11. PageData and WaveSent are Idaho limited liability companies serving as
commercial radio service (CMRS) providers offering paging, messaging,
and dial-up internet. PageData was first assigned numbers in Idaho in
2004. WaveSent was first assigned numbers in Idaho in 2003. PageData
and WaveSent are owned and operated by the same individuals, Joseph
and Sharon McNeal, and currently have no other employees. PageData and
WaveSent have been assigned a total of 16 NXX codes each, or 160,000
numbers per company, for a total of 320,000 numbers.
12. On May 4, 2009, the Idaho Public Utilities Commission ("Idaho PUC")
submitted a Referral for Investigation to the FCC. The Idaho PUC
stated that on September 10, 2008, NeuStar notified PageData and
WaveSent that it had not received their NRUF data that was due on
August 1, 2008. On February 9, 2009, the Idaho PUC sent PageData and
WaveSent a letter via certified mail, asking PageData and WaveSent to
complete and file by February 19, 2009, their respective NRUF reports
with NeuStar and the Idaho PUC that were due on February 2, 2009.
PageData and WaveSent received the letter on February 11, 2009, and
failed to respond in writing to the Idaho PUC.
13. On May 20, 2009, the Bureau initiated an investigation into PageData
and WaveSent's alleged violations of section 52.15(f) of the
Commissions rules by failing to submit their NRUF data to NeuStar. The
Bureau issued two letters of inquiry (the "LOIs") directing PageData
and WaveSent, among other things, to provide their NRUF data to the
Bureau by June 3, 2009. The McNeals, the only employees of the
companies, state that they were on an extended absence from the office
during this timeframe. PageData and WaveSent failed to respond to the
LOIs.
14. Thereafter, the Bureau issued an administrative subpoena to each
company seeking the same information as sought in the LOIs. On June
30, 2009, the FCC served Joseph McNeal, the co-owner and manager of
PageData and WaveSent, with both subpoenas. In addition to the
information requested in the LOIs, the subpoenas also requested
information regarding PageData and WaveSent's failure to submit NRUF
reports, in possible violation of section 251(e) of the Act and
section 52.15 of the Rules. On July 19, 2009, PageData and WaveSent
submitted a letter in response to the subpoenas stating only that
"neither PageData nor WaveSent are in violation of any FCC rules from
our understanding." The letter did not respond to the questions asked
in the LOIs or the subpoenas. After a series of telephone calls with
Bureau staff, PageData and WaveSent submitted supplemental responses
to the Bureau on August 12, 2009. The companies subsequently engaged
counsel, and then responded to inquiries seeking additional
information at the end of 2009 and again in early 2010.
15. During the course of the investigation, Bureau staff confirmed,
through the NANP Administration System, that PageData and WaveSent had
not filed any of the mandatory NRUF reports due during the entire time
they held the 320,000 numbers. PageData and WaveSent filed their first
NRUF reports due August 3, 2009 on October 6, 2009 and thereafter
filed NRUF reports due in February and August 2010.
16. During the course of the investigation, PageData and WaveSent also
provided documentation, supported by affirmations to the Bureau to
support a claim of financial hardship. The Bureau finds PageData and
WaveSent's financial showing credible. In arriving at the voluntary
contribution amount, the Bureau, therefore, considers not only the
nature of the misconduct in question, but also PageData and WaveSent's
limited ability to pay.
IV. TERMS OF AGREEMENT
17. 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.
18. Jurisdiction. PageData and WaveSent agree that the Commission has
jurisdiction over them and the matters contained in this Consent
Decree and has the authority to enter into and adopt this Consent
Decree.
19. Effective Date; Violations. The Parties agree that this Consent Decree
shall become effective on the date on which the Bureau 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
Commission. Any violation of the Adopting Order or of the terms of
this Consent Decree shall constitute a separate violation of a
Commission Order, entitling the Bureau to exercise any rights and
remedies attendant to the enforcement of a Commission Order.
20. Termination of Investigations. 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 the
PageData Investigation (EB-09-IH-0619) and the WaveSent Investigation
(EB-09-IH-0620). In consideration for the termination of said
investigations, PageData and WaveSent agree 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 the investigations 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 PageData and WaveSent
concerning the matters that were the subject of the investigations.
The Bureau also agrees that it will not use the facts developed in
these investigations 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 PageData and WaveSent with respect to PageData
and WaveSent's basic qualifications, including their character
qualifications, to be a Commission licensee or authorized common
carrier.
21. Compliance Plans. For purposes of settling the matters set forth
herein, PageData and WaveSent agree to create, within sixty (60)
calendar days from the Effective Date, internal Compliance Plans
related to PageData and WaveSent's future compliance with the Act, the
Rules, and the Commission's orders governing use of numbering
resources. The Plans shall include, at a minimum, the following
components:
a. Compliance Officer. PageData and WaveSent shall each designate a
Compliance Officer within 30 days of the Effective Date. The
designated Compliance Officers shall supervise PageData and WaveSent's
compliance with the Rules, including all Compliance Manual and
Compliance Report requirements described below. The designated
Compliance Officers shall also serve as the point of contact on behalf
of PageData and WaveSent for all Commission-related compliance matters
to ensure, among other things, that PageData and WaveSent respond to
all Commission inquiries in a timely and forthright manner.
b. Compliance Manual. PageData and WaveSent, with the assistance of
outside FCC regulatory counsel or an outside FCC regulatory
consultant, shall each create, maintain, and update an FCC Compliance
Manual for use by the Companies. PageData and WaveSent personnel who
engage in activities related to FCC regulation of PageData and/or
WaveSent shall have ready access to the Compliance Manual and are to
follow the procedures contained therein. The Compliance Manual shall,
among other things, describe the rules and requirements as they apply
to PageData and WaveSent regarding the utilization of numbering
resources. The Compliance Manual shall encourage personnel to contact
PageData and WaveSent's outside FCC regulatory counsel or outside FCC
regulatory consultant, with any questions or concerns that arise with
respect to PageData and WaveSent's FCC compliance.
c. Training. PageData and WaveSent shall also conduct training sessions
using the Compliance Manual for any new employees who engage in
activities related to FCC regulation of PageData and WaveSent to
ensure compliance with the Act and the FCC's regulations and policies
within the first sixty days of employment. PageData and WaveSent shall
submit to the Bureau final versions of their Compliance Manuals sixty
days after the Effective Date. With the assistance of outside FCC
regulatory counsel or an outside FCC regulatory consultant, PageData
and WaveSent shall monitor and review any future changes to these
requirements, and ensure that all employees, officers, and directors
are provided current information, including any materials, and
training.
d. Compliance Reports. PageData and WaveSent shall each file Compliance
Reports with the Commission six months 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 PageData and WaveSent,
stating that each officer has personal knowledge that their respective
company has established operating procedures intended to ensure
compliance with this Consent Decree, that the Company has abided by
the terms of the Consent Decree at all times, and that he or she is
not aware of any violations of the Act, Rules, or Commission orders
relating to numbering, together with an accompanying statement
explaining the basis for the officer's compliance certification. If
the officer is not able to so certify, he or she shall explain fully
the reason(s) therefore. The reports shall also include copies of
PageData and WaveSent's most recent NRUF filings. 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.
e. Numbering Resources. PageData and WaveSent agree to provide notice to
the Commission 30 days prior to requesting additional numbering
resources in any area code. Such notifications should be sent to the
Chief, Investigations & Hearings Division, Enforcement Bureau, Federal
Communications Commission, 445 12th Street, S.W., Room 4-C320,
Washington, D.C. 20554. Notification should also be sent to Pam
Slipakoff at Pam.Slipakoff@fcc.gov.
f. Ownership Changes. PageData and WaveSent agree to provide notice to
the Bureau 15 days prior to any potential changes in ownership of the
Companies. These changes include, but are not limited to, the sale,
merger, assignment, or transfer of control of PageData or WaveSent
and/or any of their assets. Such notifications should be sent to the
Chief, Investigations & Hearings Division, Enforcement Bureau, Federal
Communications Commission, 445 12th Street, S.W., Room 4-C320,
Washington, D.C. 20554. Notification should also be sent to Pam
Slipakoff at Pam.Slipakoff@fcc.gov. Any notification made by PageData
or WaveSent pursuant to this paragraph will not satisfy any obligation
the Companies have to notify or seek authority from the Commission
under the Act or the Rules as a result of any listed ownership change.
g. Termination Date. Unless stated otherwise, the requirements of this
Compliance Plan shall expire twenty-four months after the Effective
Date.
22. 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 PageData and WaveSent 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 PageData and WaveSent of the Act, the
rules, or the Adopting Order.
23. Voluntary Contribution. PageData agrees that it will make a voluntary
contribution to the United States Treasury in the amount of $500 paid
out within ninety days of the Effective Date of this Consent Decree.
WaveSent agrees that it will make a voluntary contribution to the
United States Treasury in the amount of $500 paid out within ninety
days of the Effective Date of this Consent Decree. The payments 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. Payments 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). PageData and WaveSent
will also send electronic notification on the date said payment is
made to Pam Slipakoff at Pam.Slipakoff@fcc.gov.
24. Waivers. PageData and WaveSent waive any and all rights they 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 Order adopting the Consent Decree without change, addition,
modification, or deletion. PageData and WaveSent 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 PageData and WaveSent nor the
Commission shall contest the validity of the Consent Decree or the
Adopting Order, and PageData and WaveSent shall waive any statutory
right to a trial de novo. PageData and WaveSent hereby agree to waive
any claims they 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.
25. 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 PageData and WaveSent do not
expressly consent) that provision will be superseded by such
Commission rule or order.
26. Successors and Assigns. PageData and WaveSent agree that the
provisions of this Consent Decree shall be binding on their
successors, assigns, and transferees.
27. 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 admission of liability, an admission of noncompliance, 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 Rules and Orders.
28. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
29. 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.
30. Authorized Representative. Each party represents and warrants to the
other that it has full power and authority to enter into this Consent
Decree.
31. 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.
________________________________
Hillary S. DeNigro
Chief, Investigations and Hearings Division
Enforcement Bureau
________________________________
Date
_________________________________
Joseph McNeal
Manager
PageData LLC/WaveSent LLC
_______________________________
Date
47 U.S.C. S: 251(e).
47 C.F.R. S: 52.15(f).
Numbering Resource Optimization, Report and Order and Further Notice of
Proposed Rulemaking in CC Docket No. 99-200, 15 FCC Rcd 7574 (2000) ("NRO
Order"); Numbering Resource Optimization, Second Report and Order, Order
on Reconsideration in CC Docket 96-98 and CC Docket 99-200, and Second
Further Notice of Proposed Rulemaking in CC Docket 99-200, 16 FCC Rcd 306
(Dec. 29, 2000) ("NRO Second Report and Order"); Numbering Resource
Optimization, Third Report and Order and Second Order on Reconsideration
in CC Docket No. 96-98 and CC Docket No. 99-200, 17 FCC Rcd 252 (2001)
("NRO Third Report and Order").
47 U.S.C. S: 154(i).
47 C.F.R. S:S: 0.111, 0.311.
47 U.S.C. S: 251(e).
47 C.F.R. S: 52.15(f).
Numbering Resource Optimization, Report and Order and Further Notice of
Proposed Rulemaking in CC Docket No. 99-200, 15 FCC Rcd 7574 (2000) ("NRO
Order"); Numbering Resource Optimization, Second Report and Order, Order
on Reconsideration in CC Docket 96-98 and CC Docket 99-200, and Second
Further Notice of Proposed Rulemaking in CC Docket 99-200, 16 FCC Rcd 306
(Dec. 29, 2000) ("NRO Second Report and Order"); Numbering Resource
Optimization, Third Report and Order and Second Order on Reconsideration
in CC Docket No. 96-98 and CC Docket No. 99-200, 17 FCC Rcd 252 (2001)
("NRO Third Report and Order").
See Letter from Trent B. Harkrader, Deputy Chief, Investigations &
Hearings Division, Enforcement Bureau, FCC, to Joseph McNeal, PageData LLC
(May 20, 2009) ("PageData LOI").
See also Letter from Trent B. Harkrader, Deputy Chief, Investigations &
Hearings Division, Enforcement Bureau, FCC, to Joseph McNeal, PageData LLC
(Nov. 19, 2009) ) ("PageData Nov. 19, 2009 Supplemental LOI").
See Letter from Trent B. Harkrader, Deputy Chief, Investigations &
Hearings Division, Enforcement Bureau, FCC, to Joseph McNeal, WaveSent LLC
(May 20, 2009) ("WaveSent LOI").
See Letter from Trent B. Harkrader, Deputy Chief, Investigations &
Hearings Division, Enforcement Bureau, FCC, to Joseph McNeal, WaveSent LLC
(Nov. 19, 2009) ("WaveSent Nov. 19, 2009 Supplemental LOI").
47 U.S.C. S: 251(e).
NRO Order, 15 FCC Rcd at 7577, P: 1.
See id. at 7582-7621.
The NANPA is the entity or entities responsible for managing the NANP. 47
C.F.R. S: 52.7(e).
The Pooling Administrator is the entity responsible for administering the
thousands-block number pool. 47 C.F.R. S: 52.7(g).
47 C.F.R. S: 52.15(f).
NRO Order, 15 FCC Rcd at 7584, P: 14; 47 C.F.R. S: 52.15(f)(1).
The NRUF reports are due on or before February 1 and on or before August 1
of each year. See 47 C.F.R. S: 52.15(f)(6).
See PageData LLC Response to FCC Subpoena (Aug. 12, 2009) (PageData Aug.
12 Subpoena Response) at 1-2; WaveSent LLC Response to FCC Subpoena (Aug.
12, 2009) (WaveSent Aug. 12 Subpoena Response) at 1-2.
See PageData Aug. 12 Subpoena Response at 2.
See WaveSent Aug. 12 Subpoena Response at 2.
See PageData Aug. 12 Subpoena Response at 1-2; WaveSent Aug. 12 Subpoena
Response at 1-2. Joseph McNeal is the manager and owner of both PageData
and WaveSent. His wife, Sharon McNeal, is also an owner of both companies.
Joseph and Sharon McNeal are referred to herein as the "McNeals."
PageData Aug. 12 Subpoena Response at 2; WaveSent Aug. 12 Subpoena
Response at 2.
See Letter from Donald L. Howell, II, Deputy Attorney General, Idaho
Public Utilities Commission, to Irene M. Flannery, Assistant Chief,
Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission (May 4, 2009) (Idaho PUC Referral).
See id. at 1.
Id.; Letter from Carolee Hall, Utility Analyst, Idaho Public Utility
Commission, to Joseph McNeal, PageData LLC/WaveSent LLC (February 9,
2009).
See Idaho PUC Referral.
Letter from Trent B. Harkrader, Deputy Chief, Investigations & Hearings
Division, Enforcement Bureau, FCC, to Joseph McNeal, WaveSent LLC (May 20,
2009) ("WaveSent LOI"). See also Letter from Trent B. Harkrader, Deputy
Chief, Investigations & Hearings Division, Enforcement Bureau, FCC, to
Joseph McNeal, PageData LLC (May 20, 2009) ) ("PageData LOI").
Collectively, the PageData LOI and the WaveSent LOI are referred to herein
as the LOIs.
See PageData LOI at 1; WaveSent LOI at 1. PageData and WaveSent's
responses were due to the Bureau on June 3, 2009.
See Letter from Genaro Fullano, Deputy Chief, Enforcement Bureau, FCC, to
Joseph McNeal, WaveSent LLC (dated June 12, 2009) ("WaveSent Subpoena").
See also Letter from See Letter from Genaro Fullano, Deputy Chief,
Enforcement Bureau, FCC, to Joseph McNeal, PageData LLC (dated June 12,
2009) ("PageData Subpoena"). Collectively, the PageData Subpoena and the
WaveSent Subpoena will be referred to as the "Subpoenas."
See Proofs of Service by Binh T. Nguyen.
See 47 U.S.C. S: 218; 47 C.F.R. S: 52.15.
See Letter from Joseph B. McNeal, Manager, Page Data LLC and WaveSent LLC
(dated July 19, 2009) (received via email July 20, 2009) (PageData and
WaveSent July 19, 2009 Subpoena Response). This letter responded
collectively to both subpoenas.
See PageData Aug. 12 Subpoena Response; WaveSent Aug. 12 Subpoena
Response.
On November 19, 2009, after receiving the letters via email, Joseph McNeal
called Bureau staff to discuss the letters. A follow-up discussion took
place on November 23, 2009. See also, Letter from Jennifer M. Kashatus,
Counsel for PageData LLC, to Trent B. Harkrader, Deputy Chief,
Investigations & Hearings Division, Enforcement Bureau, FCC (dated Dec. 7,
2009). See also Letter from Jennifer M. Kashatus, Counsel for WaveSent
LLC, to Trent B. Harkrader, Deputy Chief, Investigations & Hearings
Division, Enforcement Bureau, FCC (dated Dec. 7, 2009).
See Letter from Trent B. Harkrader, Deputy Chief, Investigations &
Hearings Division, Enforcement Bureau, FCC, to Joseph McNeal, PageData
LLC/ WaveSent LLC (March 19, 2010). See also, Letter from Jennifer M.
Kashatus, Counsel for PageData LLC, to Trent B. Harkrader, Deputy Chief,
Investigations & Hearings Division, Enforcement Bureau, FCC (dated April
16, 2009). See also Letter from Jennifer M. Kashatus, Counsel for WaveSent
LLC, to Trent B. Harkrader, Deputy Chief, Investigations & Hearings
Division, Enforcement Bureau, FCC (dated April 16, 2009).
Federal Communications Commission DA 10-2155
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Federal Communications Commission DA 10-2155
Federal Communications Commission DA 10-2155
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