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Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB-05-IH-0913
In the Matter of
) NAL/Acct. No. 200632080168
Local Phone Services, Inc.
) FRN No. 0008358343
)
ORDER
Adopted: April 21, 2010 Released: April 22, 2010
By the Chief, Investigations and Hearings Division, Enforcement Bureau:
1. In this Order, we grant the request of Local Phone Services, Inc.,
d/b/a Best Phone ("LPSI") to withdraw its petition for reconsideration
of the Forfeiture Order issued by the Commission on May 19, 2008.
2. On January 25, 2010, the State Corporation Commission of the State of
Kansas found that LPSI is no longer in the business of providing
telecommunications services, and accordingly rescinded LPSI's
authority to provide local exchange, exchange access and interexchange
services in the State of Kansas, and wrote off certain state
assessments and penalties. On February 25, 2010, counsel to LPSI
stated that because LPSI is no longer in business, it is unable to
further pursue its petition for reconsideration, and LPSI therefore
requests that the Commission withdraw the petition.
3. Based on the record before us, and in the absence of material new
evidence relating to this matter, we find that the public interest
will be served by granting LPSI's request.
4. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the
Communications Act of 1934, as amended, LPSI's request to withdraw its
petition for reconsideration of the Forfeiture Order IS GRANTED.
5. IT IS FURTHER ORDERED that this Order shall be sent by regular mail
and by certified mail, return receipt requested, to Jonathan S.
Marashlian, Helein & Marashlian, LLC, Counsel to Local Phone Services,
Inc., 1483 Chain Bridge Road, Suite 301, McLean, Virginia 22101.
FEDERAL COMMUNICATIONS COMMISSION
Hillary S. DeNigro
Chief
Investigations and Hearings Division
Enforcement Bureau
Letter from Jonathan S. Marashlian, Helein & Marashlian, LLC, Counsel to
Local Phone Services, Inc., to Marlene H. Dortch, Secretary, Federal
Communications Commission (dated Feb. 25, 2010) ("Request to Withdraw").
Local Phone Services, Inc., EB-05-IH-0913, Local Phone Services, Inc,
d/b/a Best Phone's Petition for Reconsideration of Forfeiture Order (dated
June 18, 2008) ("Petition for Reconsideration").
Local Phone Services, Inc., Order of Forfeiture Order, 23 FCC Rcd 8952
(2008) ("Forfeiture Order"). The Forfeiture Order imposed a monetary
forfeiture for LPSI's willful and repeated violations of Section 254(d) of
the Communications Act of 1934, as amended, 47 U.S.C. S: 254(d), and
Sections 54.706(a) and 54.711(a) of the Commission's Rules, 47 C.F.R. S:S:
54.706(a), 54.711(a). The noted violations involved LPSI's failure to
timely submit certain Telecommunications Reporting Worksheets and LPSI's
failure to timely contribute to the Universal Service Fund. The granting
of LPSI's request herein does not affect the validity of the Forfeiture
Order.
Cancellation of the Certificate of Convenience and Authority Previously
Granted Local Phone Services, Inc., Order Rescinding Certificates of
Necessity and Authority of LPS, Instructing Fiscal to Write-Off Overdue
Commission Assessments, and Instructing GVNW to Close LPS' Account,
Write-Off Penalty Amount and Remove LPS from Delinquent and Active
Customer Files, Docket No. 10-LCLT-255-CCS, issued by the State
Corporation Commission of the State of Kansas (Jan. 25, 2010).
Request to Withdraw at 1.
47 U.S.C. S: 154(i).
Federal Communications Commission DA 10-672
1
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Federal Communications Commission DA 10-672