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Before the
Federal Communications Commission
Washington, D.C. 20554
)
File No. EB-08-SE-562
In the Matter of )
Acct. No. 201032100018
Centennial Communications Corporation )
FRN # 0009631136
)
order
Adopted: February 12, 2010 Released: February 12, 2010
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and Centennial
Communications Corporation ("Centennial"). The Consent Decree
terminates an investigation by the Bureau against Centennial for
possible violation of Part 4 of the Commission's rules regarding the
reporting of network outages.
2. The Bureau and Centennial 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. Based on the record before us, we conclude that our investigation
raises no substantial or material questions of fact as to whether
Centennial 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 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 William L. Roughton, Jr., Vice President, Legal &
Regulatory Affairs, Centennial Communications Corporation, 1919
Pennsylvania Avenue, NW, Suite 200, Washington, DC 20006, and to
Counsel for Centennial Communications Corporation, David L. Solomon,
Esq., and Robert G. Morse, Esq., Wilkinson Barker Knauer, LLP, 2300 N
Street, N.W., Suite 700, Washington, DC 20037.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
File No. EB-08-SE-562
In the Matter of )
Acct. No. 201032100018
Centennial Communications Corporation )
FRN No. 0009631136
)
CONSENT DECREE
The Enforcement Bureau (the "Bureau") and Centennial Communications
Corporation ("Centennial"), by their respective authorized
representatives, hereby enter into this Consent Decree for the purpose of
terminating the Bureau's investigation into Centennial's compliance with
the Commission's regulations in 47 C.F.R. Part 4 regarding the reporting
of network outages.
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: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. "Centennial" means Centennial Communications Corporation, its
affiliates, its predecessors-in-interest and successors-in-interest.
e. "Commission" or "FCC" means the Federal Communications Commission and
all of its bureaus and offices.
f. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
g. "Investigations" means the investigations initiated by the Bureau's
August 15, 2008, November 19, 2008, and December 29, 2008 Letters of
Inquiry regarding Centennial's compliance with the Commission's
regulations in Part 4 of its Rules regarding the reporting of network
outages through the Effective Date.
h. "Parties" means Centennial and the Bureau.
i. "Rules" means the Commission's regulations set forth in Title 47 of
the Code of Federal Regulations.
II. BACKGROUND
2. Pursuant to Part 4 of the Rules, a wireless communications provider is
required to submit to the Commission an electronic Notification within
120 minutes after discovering that it has experienced a network outage
of at least 30 minutes duration: (1) of a Mobile Switching Center; (2)
that potentially affects at least 900,000 user minutes of either
telephony and associated data (2nd generation or lower) service or
paging service; (3) that affects at least 1,350 DS3 minutes; (3) that
potentially affects any special offices and facilities, as defined by
the Rules; or (4) that potentially affects a 911 special facility, as
defined by the Rules.
3. Centennial is a wireless communications provider and is subject to the
network outage reporting regulations in Part 4 of the Commission's
Rules. On August 15, 2008, the Bureau issued a Letter of Inquiry
("LOI") initiating an investigation regarding Centennial's outage
reporting procedures and Centennial's compliance with the Commission's
outage reporting rules. On September 11, 2008, Centennial submitted a
response to the LOI. The Bureau issued an additional LOI on November
19, 2008, and Centennial submitted a response to that LOI on December
10, 2008. The Bureau issued an additional LOI on December 29, 2008,
and Centennial submitted a response to that LOI on January 30, 2009.
The Bureau and Centennial executed a Tolling Agreement on April 28,
2009, and executed subsequent Tolling Agreement Extensions on June 1,
2009, and on September 14, 2009. On November 21, 2008, applications to
transfer control of Centennial to AT&T Inc. ("AT&T") were filed. The
Commission granted those applications, with conditions, on November 5,
2009, and the parties consummated the transaction on November 6, 2009.
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. Centennial 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
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.
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, Centennial 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, or the
existence of this Consent Decree, to institute, on its own motion, or
refer to the Commission, any new proceeding, formal or informal, or
take on its own motion, or refer to the Commission, any action against
Centennial for possible violations of Part 4 of the Commission's rules
regarding the reporting of network outages that were subject to this
investigation prior to the Effective Date. The Bureau also agrees that
it will not use the facts developed in the investigation through the
Effective Date, or the existence of this Consent Decree, to institute
on its own motion, or refer to the Commission, any proceeding, formal
or informal, or take on its own motion, or refer to the Commission,
any action, against Centennial with respect to Centennial's basic
qualifications, including its character qualifications, to be a
Commission licensee or authorized common carrier.
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 Centennial 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 Centennial with the Act, the Rules, or
Commission Orders.
9. Voluntary Contribution. Centennial agrees that it will make a
voluntary contribution to the United States Treasury, in the amount of
forty thousand dollars ($40,000). The payment will be made within
thirty (30) 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 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). Centennial will also send
electronic notification on the date said payment is made to
Ricardo.Durham@fcc.gov and Nissa.Laughner@fcc.gov.
10. Waivers. Centennial 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 the Consent Decree without change, addition, modification, or
deletion. Centennial 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
Centennial nor the Commission shall contest the validity of the
Consent Decree or the Adopting Order, and Centennial shall waive any
statutory right to a trial de novo. Centennial, however, may present
evidence that it has not violated the Consent Decree. In addition,
nothing in this Consent Decree shall preclude Centennial from
petitioning the Commission for relief as to future obligations under
Part 4 of the Commission's Rules. Centennial 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. Invalidity. In the event that this Consent Decree 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 Centennial does not expressly
consent), that provision will be superseded by such Commission Rule or
Order.
13. Successors and Assigns. Centennial 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 Representatives. 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.
____________________________
P. Michele Ellison
Chief
Enforcement Bureau
____________________________
Date
____________________________
William L. Roughton, Jr.
Vice President, Legal and Regulatory Affairs
Centennial Communications Corporation
____________________________
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.
Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission to Tony L. Wolk,
Senior Vice President, General Counsel and Secretary, Centennial
Corporation (August 15, 2008); Letter from Kathryn S. Berthot, Chief,
Spectrum Enforcement Division, Enforcement Bureau, Federal Communications
Commission to William L. Roughton, Jr., Vice President, Legal & Regulatory
Affairs, Centennial Communications Corporation (November 19, 2008); and
Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission to William L.
Roughton, Jr., Vice President, Legal & Regulatory Affairs, Centennial
Communications Corporation (December 29, 2008).
47 C.F.R. S:S: 4.5, 4.9(e).
Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission to Tony L. Wolk,
Senior Vice President, General Counsel and Secretary, Centennial
Corporation (August 15, 2008).
Letter from William L. Roughton, Jr., Vice President, Legal & Regulatory
Affairs, Centennial Communications Corporation, to Kathryn S. Berthot,
Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission (September 11, 2008).
Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission to William L.
Roughton, Jr., Vice President, Legal & Regulatory Affairs, Centennial
Communications Corporation (November 19, 2008).
Letter from William L. Roughton, Jr., Vice President, Legal & Regulatory
Affairs, Centennial Communications Corporation, to Kathryn S. Berthot,
Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission (December 10, 2008).
Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission to William L.
Roughton, Jr., Vice President, Legal & Regulatory Affairs, Centennial
Communications Corporation (December 29, 2008).
Letter from William L. Roughton, Jr., Vice President, Legal & Regulatory
Affairs, Centennial Communications Corporation, to Kathryn S. Berthot,
Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission (January 30, 2009).
Tolling Agreement, File No. EB-08-SE-562, executed by and between Kathryn
S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau,
Federal Communications Commission, and William L. Roughton, Jr., Vice
President, Legal & Regulatory Affairs, Centennial Communications
Corporation (April 28, 2009).
Tolling Agreement Extension, File No. EB-08-SE-562, executed by and
between Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, and William L.
Roughton, Jr., Vice President, Legal & Regulatory Affairs, Centennial
Communications Corporation (June 1, 2009).
Tolling Agreement Extension, File No. EB-08-SE-562, executed by and
between Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, and William L.
Roughton, Jr., Vice President, Legal & Regulatory Affairs, Centennial
Communications Corporation (September 14, 2009).
See File Nos. 0003652447, 0003652455, 0003652457, 0003652459, 0003652461,
0003652467, 0003668912, and 0003674680 (the "Applications").
See Applications of AT&T Inc. and Centennial Communications Corp.,
Memorandum Opinion and Order, WT Docket No. 08-246, FCC 09-97 (released
November 5, 2009).
Federal Communications Commission DA 10-238
2
Federal Communications Commission DA 10-238