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Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No.: EB-11-IH-0059
In the Matter of
) NAL/Acct. No.: 201232080006
Tricom USA, Inc.
) FRN: 0005005236
)
ORDER
Adopted: December 7, 2011 Released: December 7, 2011
By the Chief, Enforcement Bureau:
1. In this Order, we adopt a Consent Decree entered into between the
Enforcement Bureau ("Bureau") of the Federal Communications Commission
("Commission") and Tricom USA, Inc. ("Tricom USA"). The Consent Decree
resolves and terminates the Bureau's investigation into Tricom USA's
compliance with Section 214 of the Communications Act of 1934, as
amended (the "Act"), the Cable Landing License Act of 1921 ("Cable
Landing License Act"), and the Commission's rules and Orders
concerning the transfer of control and assignment of domestic and
international Section 214 authorizations and the transfer of control
and assignment of interest in submarine cable landing licenses; the
relinquishment of international Section 214 authorizations; the
relinquishment of an interest in submarine cable landing licenses; the
discontinuance of telephone service; and the assignment of
telecommunications service customer accounts.
2. The Bureau and Tricom USA have negotiated the terms of a Consent
Decree that resolves 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 Tricom USA 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 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-referenced 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 Judith D. O'Neill, Chief Executive Officer, Nakhota,
LLC, Two Columbus Avenue, New York, NY 10023.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
47 U.S.C. S: 214.
Pub. L. No. 8, 67th Cong., 42 Stat. 8 (1921); 47 U.S.C. S:S: 34-39. See
also Executive Order No. 10530 (reprinted as amended in 3 U.S.C. S: 301),
which empowers the Commission to implement the Cable Landing Act.
47 C.F.R. S:S: 1.767, 1.768, 63.03, 63.04, 63.12, 63.18, 63.19, 63.21,
63.23, 63.24, 63.61, 63.62, 63.71.
47 U.S.C. S:S: 154(i), 503(b).
47 C.F.R. S:S: 0.111, 0.311.
(Continued from previous page)
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Federal Communications Commission DA 11-1928___
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Federal Communications Commission DA 11-1928___