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-09-SE-107   
     In the Matter of                               
                        )   Acct. No. 201132100009  
     Norlight, Inc.                                 
                        )   FRN No. 0002704682      
                                                    
                        )                           


   )

                                     ORDER

   Adopted: November 15, 2010 Released: November 16, 2010

   By the Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau ("Bureau") and Norlight, Inc.
       ("Norlight"). The Consent Decree terminates an investigation by the
       Bureau against Norlight, Inc. for possible violations of Part 4 of the
       Commission's Rules ("Rules") regarding the reporting of network
       outages.

    2. The Bureau and Norlight 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 Norlight possesses the basic
       qualifications, including those related to character, to hold or
       obtain any Commission license or authorization.

    5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the
       Communications Act of 1934, as amended, and Sections 0.111 and 0.311
       of the 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 John Chuang, Corporate Counsel, Norlight, Inc., 8829
       Bond Street, Overland Park, Kansas 66214, and to counsel for Norlight,
       Inc., John T. Nakahata, Esq., Wiltshire & Grannis LLP, 1200 18th
       Street, NW Suite 1200, Washington, DC 20036.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                           
                                                    
                        )   File No. EB-09-SE-107   
     In the Matter of                               
                        )   Acct. No. 201132100009  
     Norlight, Inc.                                 
                        )   FRN No. 0002704682      
                                                    
                        )                           


                                 CONSENT DECREE

   The Enforcement Bureau ("Bureau") of the Federal Communications Commission
   ("Commission" or "FCC") and Norlight, Inc. ("Norlight"), by their
   respective authorized representatives, hereby enter into this Consent
   Decree for the purpose of terminating the Bureau's investigation into
   whether Norlight violated Section 4.9(f) of the Commission's Rules
   ("Rules") by failing to file timely network outage reports.

   I. DEFINITIONS

    1. 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) "Compliance Plan" means the compliance obligations and compliance
   program described in this Consent Decree at Paragraph 8.

   (f) "Effective Date" means the date on which the Bureau releases the
   Adopting Order.

   (g) "Investigation" means the investigation commenced by the Bureau's
   November 18, 2009 and March 1, 2010 Letters of Inquiry ("LOIs") to
   Norlight regarding possible violations of Section 4.9(f) of the Rules.

    h. "Norlight" means Norlight, Inc., its subsidiaries, affiliates,
       predecessors-in-interest and its successors-in-interest.

   (i) Parties means Norlight and the Bureau, each of which is a "Party."

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

   II. BACKGROUND

    2. Under Section 4.9(f) of the Rules, a wireline service provider, such
       as Norlight, must report to the Commission an outage of at least 30
       minutes duration that: 1) potentially affects at least 900,000 user
       minutes of either telephony or paging; 2) affects at least 1,350 DS3
       minutes; 3) potentially affects any special offices or facilities; or
       4) potentially affects a 911 special facility, as defined by Section
       4.5(e) of the Rules. Upon discovery of such an outage, a wireline
       service provider is required to file an electronic Notification within
       120 minutes, an Initial Communications Outage Report within 72 hours,
       and a Final Communications Report within 30 days.

    3. On November 18, 2009, the Bureau issued an LOI to Norlight. The
       November 18, 2009 LOI directed Norlight, among other things, to submit
       a sworn written response to a series of questions relating to
       Norlight's compliance with the Commission's network outage reporting
       rules. Norlight responded to the LOI on December 21, 2009. On March 1,
       2010, the Bureau issued a follow-up LOI to Norlight. Norlight
       responded to the follow-up LOI on March 29, 2010. The Bureau and
       Norlight executed a Tolling Agreement on December 10, 2009, and
       executed Tolling Agreement Extensions on March 19, 2010, June 8, 2010,
       and October 12, 2010.  These agreements, among other things, permitted
       the Parties to continue discussions of the law and facts relating to
       the matter under review in this Investigation.

   III. TERMS OF AGREEMENT

    4. 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.

    5. Jurisdiction. Norlight 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.

    6. 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 Commission to exercise any rights and
       remedies attendant to the enforcement of a Commission order.

    7. 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, Norlight 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 over the course of this Investigation through the Effective
       Date, 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 Norlight concerning the matters that were
       the subject of the Investigation. The Bureau also agrees that in the
       absence of new material evidence it will not use the facts developed
       in this Investigation through the Effective Date, 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
       Norlight with respect to Norlight's basic qualifications, including
       its character qualifications, to be a Commission licensee or
       authorized common carrier or hold Commission authorizations.

    8. Compliance Plan.  For purposes of settling the matters set forth
       herein, Norlight agrees to (i) create and implement, within thirty
       (30) calendar days from the Effective Date a Compliance Plan related
       to future compliance with the Act, the Commission's Rules and the
       Commission's Orders, and (ii) establish operating procedures intended
       to ensure compliance with the terms and conditions of this Consent
       Decree and with Section 4.9(f) of the Rules. The Compliance Plan will
       include, at a minimum, the following components:

    a. Compliance Officer. Norlight will designate an officer of the company
       to serve as the Compliance Officer for FCC outage reporting, who will
       be responsible for administering the Compliance Plan.

    b. Training Program.  Norlight shall establish and maintain an FCC outage
       reporting training program addressing FCC network outage reporting
       requirements, as detailed below, for all employees who are responsible
       for analyzing technical information regarding Norlight's network
       outages, entering information into any Norlight database(s) and/or
       record(s) that form the basis of Norlight's reporting of network
       outages to the Commission, or compiling and/or submitting Norlight's
       outage reports to the Commission.

   i. Norlight's Compliance Training Program shall address, at a minimum, the
   FCC's Rules governing the reporting of network outages, the information
   and calculations necessary to determine whether an outage is reportable
   under the FCC's Rules, and the time periods during which notifications and
   reports of reportable outages must be submitted to the FCC. Norlight's
   Compliance Training Program shall also address the methods and procedures
   adopted by Norlight to identify and report those network outages that
   satisfy the FCC's reporting criteria in order to ensure compliance with
   the FCC's outage reporting Rules. The training program shall also include
   information on the potential internal and regulatory consequences of
   failing to comply with Norlight's methods and procedures and/or the FCC's
   outage reporting requirements.

   ii. Norlight shall provide the foregoing outage reporting training within
   ninety (90) days of the Effective Date and will update the training at
   least annually for employees who are responsible for analyzing technical
   information regarding Norlight's network outages, entering information
   into any Norlight database(s) and/or record(s) that form the basis of
   Norlight's reporting of network outages to the Commission, and compiling
   and/or submitting Norlight's outage reports to the Commission. Norlight
   will also provide training to new employees responsible for these
   activities.

   iii. Norlight shall update and enhance the foregoing training regarding
   the FCC's outage reporting requirements as appropriate and necessary, and
   in any event will distribute new training materials to employees within
   ninety (90) days of the release of any new or revised Rules governing
   network outage reporting.

    c. Compliance Reports. Norlight will file Compliance Reports with the
       Commission ninety (90) days after the Effective Date, twelve (12)
       months after the Effective Date, and twenty-four (24) months after the
       Effective Date. Each Compliance Report shall include a certification
       by the Compliance Officer, as an agent of and on behalf of Norlight,
       stating that the Compliance Officer has personal knowledge that (i)
       Norlight  has established operating procedures intended to ensure
       compliance with the terms and conditions of this Consent Decree and
       with Section 4.9(f) of the Rules, together with an

   accompanying statement explaining the basis for the Compliance Officer's
   certification; (ii) Norlight has been utilizing those procedures since the
   previous Compliance Report was submitted; and (iii) the Compliance Officer
   is not aware of any instances of non-compliance with either the Consent
   Decree or Section 4.9 of the Rules. The certification must comply with
   Section 1.16 of the Rules and be subscribed to as true under penalty of
   perjury in substantially the form set forth therein.  If the Compliance
   Officer cannot provide the requisite certification, the Compliance
   Officer, as an agent of and on behalf of Norlight, shall provide the
   Commission with a detailed explanation of: (i) any instances of
   non-compliance with this Consent Decree and the Rules, and (ii) the steps
   that Norlight has taken or will take to remedy each instance of
   non-compliance and ensure future compliance, and the schedule on which
   proposed remedial actions will be taken. All Compliance Reports shall be
   submitted to the Chief, Spectrum Enforcement Division, Enforcement Bureau,
   Federal Communications Commission, 445 12th Street, S.W., Washington, D.C.
   20554. All reports shall also be submitted electronically to Ricardo
   Durham, Senior Deputy Chief, Spectrum Enforcement Division, Enforcement
   Bureau, Federal Communications Commission at Ricardo.Durham@fcc.gov and to
   Nissa Laughner, Attorney Advisor, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission at
   Nissa.Laughner@fcc.gov.

    d. Termination Date.  Unless stated otherwise, the provisions of this
       paragraph shall remain in effect for twenty-four (24) months from the
       Effective Date.

    9. 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 Norlight 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 Norlight with the Act, the Rules, or
       Commission Orders.

   10. Voluntary Contribution. Norlight agrees that it will make a voluntary
       contribution to the United States Treasury, in the amount of
       sixty-seven thousand dollars ($67,000). The contribution will be made
       within thirty (30) days after the Effective Date. 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 the
       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 Account number
       in block number 23A (call sign/other ID), and enter the letters "FORF"
       in block number 24A (payment type code). Norlight will also send
       electronic notification to Ricardo.Durham@fcc.gov and
       Nissa.Laughner@fcc.gov on the date said payment is made.

   11. Waivers.  Norlight 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 Bureau issues an Adopting Order
       adopting this Consent Decree without change, addition, modification,
       or deletion. Norlight 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 Norlight nor the Commission shall contest the
   validity of the Consent Decree or the Adopting Order, and Norlight shall
   waive any statutory right to a trial de novo. Norlight 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.

   12. Invalidity.  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.

   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 Norlight does not expressly
       consent), that provision will be superseded by such Commission Rule or
       Order.

   14. Successors and Assigns. Norlight 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 with
       respect to the matters set forth herein. 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 Representatives.  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.

   ____________________________

   P. Michele Ellison

   Chief, Enforcement Bureau

   ____________________________

   Date

   ____________________________

   Lohn Weber

   Chief Financial Officer

   Norlight, Inc.

   ____________________________

   Date

   47 C.F.R. S: 4.1 et seq.

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

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

   47 C.F.R. S: 4.9(f).

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to John Chuang,
   Corporate Counsel, Norlight, Inc. (November 18, 2009).

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to John Chuang,
   Corporate Counsel, Norlight, Inc. (March 1, 2010).

   For the purpose of this Consent Decree, the term "affiliates" includes
   those telecommunications carriers that are affiliates of Norlight, Inc.
   both before and after the consummation of the transaction pending with
   Windstream Corporation in WC Docket 10-169, i.e., Kentucky Data Link, Inc.
   and Norlight Telecommunications, Inc. but excludes Cinergy MetroNet, Inc.

   47 C.F.R. S: 4.9(f).

   "User minutes" are defined as "assigned telephone number minutes ... for
   telephony and for those paging networks in which each individual user is
   assigned a telephone number" or "the mathematical result of multiplying
   the duration of an outage, expressed in minutes, by the number of end
   users potentially affected by the outage for all other forms of
   communication." 47 C.F.R. S: 4.7(e).

   "Special offices and facilities" include major military installations, key
   government facilities, nuclear power plants, and certain airports. 47
   C.F.R. S: 4.5(b)-(d).

   See 47 C.F.R. S: 4.5(e).

   See 47 C.F.R. S: 4.9(f).

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to John Chuang,
   Corporate Counsel, Norlight, Inc. (November 18, 2009).

   Letter from John Chuang, Corporate Counsel, Norlight, Inc., to Susan M.
   Stickley, Esq., Spectrum Enforcement Division, Enforcement Bureau, Federal
   Communications Commission (December 21, 2009).

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to John Chuang,
   Corporate Counsel, Norlight, Inc. (March 1, 2010).

   Letter from John Chuang, Corporate Counsel, Norlight, Inc., to Nissa
   Laughner, Esq., Spectrum Enforcement Division, Enforcement Bureau, Federal
   Communications Commission (March 29, 2010).

   Tolling Agreement, File No. EB-09-SE-107, executed by and between Kathryn
   S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau,
   Federal Communications Commission, and John Chuang, Corporate Counsel,
   Norlight, Inc. (December 10, 2009).

   Tolling Agreement Extension, EB-09-SE-107, executed by and between Kathryn
   S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau,
   Federal Communications Commission, and John Chuang, Corporate Counsel,
   Norlight, Inc. (March 19, 2010).

   Tolling Agreement Extension, EB-09-SE-107, executed by and between Kathryn
   S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau,
   Federal Communications Commission, and John Chuang, Corporate Counsel,
   Norlight, Inc. (June 8, 2010).

   Tolling Agreement Extension, EB-09-SE-107, executed by and between Kathryn
   S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau,
   Federal Communications Commission, and John Chuang, Corporate Counsel,
   Norlight, Inc. (October 12, 2010).

   Under this provision, Norlight will not be required to provide outage
   reporting compliance training to employees other than those whose
   responsibilities include one or more of the following: analyzing technical
   information regarding Norlight's network outages, entering information
   into Norlight's database(s) and/or record(s) that form the basis of
   Norlight's reporting of network outages to the Commission, and compiling
   and/or submitting Norlight's outage reports to the Commission.

   Federal Communications Commission DA 10-2181

   2

   Federal Communications Commission DA 10-2181