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Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No.: EB-09-IH-2125
In the Matter of
) Acct. No.: 201332080003
One World Telecom, LLC
) FRN: 0010219624
)
ORDER
Adopted: December 3, 2012 Released: December 4, 2012
By the Chief, Enforcement Bureau:
1. In this Order, we adopt a Consent Decree entered into between the
Enforcement Bureau (Bureau) and One World Telecom, LLC (One World
Telecom). The Consent Decree terminates an investigation by the Bureau
against One World Telecom for possible violations of Section 214 of
the Communications Act of 1934, as amended (Act) and Sections 63.03,
63.04, 63.18, and 63.24 of the Commission's rules in connection with
One World Telecom's transfer of control or assignment of multiple
domestic and international Section 214 authorizations. The Consent
Decree also addresses One World Telecom's possible failure to timely
respond to the Bureau's directive that One World Telecom provide
certain information and documents in connection with the
investigation.
2. A copy of the Consent Decree negotiated by the Bureau and One World
Telecom is attached hereto and incorporated herein by reference.
3. After evaluating the facts before us and reviewing the terms of the
Consent Decree, 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 One World Telecom possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authority.
5. Accordingly, IT IS ORDERED that, pursuant to Sections 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 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 Mr. Steven A. Augustino, Kelley Drye & Warren LLP, 3050
K Street, NW, Suite 400, Washington, DC 20007-5108.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief
Enforcement Bureau
Federal Communications Commission
Washington, D.C. 20554
)
) File No.: EB-09-IH-2125
In the Matter of
) Acct. No.: 201332080003
One World Telecom, LLC
) FRN: 0010219624
)
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission and
One World Telecom, LLC by their authorized representatives, hereby
enter into this Consent Decree for the purpose of terminating the
Enforcement Bureau's investigation into whether One World Telecom, LLC
violated Section 214 of the Communications Act of 1934, as amended and
Sections 63.03, 63.04, 63.18, and 63.24 of the Commission's rules in
connection with One World Telecom's transfer of control or assignment
of domestic and international Section 214 authorizations. This Consent
Decree also addresses One World Telecom's possible failure to timely
respond to the Enforcement Bureau's directive that One World Telecom
provide certain information and documents in connection with the
investigation.
I. DEFINITIONS
2. 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. "Communications Laws" means collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to
which One World Telecom is subject by virtue of its business
activities.
f. "Compliance Plan" means the plan described in this Consent Decree at
paragraph 20.
g. "Covered Employees" means all employees and agents of One World
Telecom who perform, or supervise, oversee, or manage the performance
of, duties that relate to One World Telecom's responsibilities under
Section 214 of the Act, the Rules implementing that provision, and One
World Telecom's duty to timely respond to Commission requests for
information.
h. "Effective Date" means the date on which the Commission releases the
Adopting Order.
i. "One World Telecom" or the "Company" means One World Telecom, LLC, and
its predecessors-in-interest and successors-in-interest.
j. "Information request" means an order, letter, or other document
requiring that One World Telecom provide information, documents, or
both information and documents to the Commission.
k. "Investigation" means the investigation commenced by the Bureau
regarding the Company's compliance with Section 214 of the Act and
Part 63 of the Rules concerning One World Telecom's obligations to
obtain Commission approval before consummating substantial assignments
and transfers of domestic and international Section 214 authority,
timely notify the Commission of the consummation of pro forma
international Section 214 authority transactions, and timely respond
to the Bureau's requests for information.
l. "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by One World Telecom to
implement the Compliance Plan.
m. "Parties" means One World Telecom and the Bureau, each of which is a
"Party."
n. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
o. "Section 214 Rules" means Section 214 of the Act and other
Communications Laws governing the construction, acquisition, or
operation of lines of communication, including any Rules implementing
Section 214 and any related Commission orders.
II. BACKGROUND
3. Section 214 of the Act requires telecommunications carriers to obtain
a certificate of public convenience and necessity from the Commission
before constructing, acquiring, operating, or engaging in transmission
over lines of communications, and before discontinuing, reducing, or
impairing service to a community. In accordance with Sections 63.03
and 63.24 of the Rules, any "substantial" transfer of control of a
carrier's lines or of Section 214 authority requires application to
and prior approval from the Commission. Sections 63.04 and 63.18 of
the Rules set forth the information that must be included in the
domestic and international transfer of control applications.
4. "Non-substantial" (or "pro forma") transfers of a carrier's lines or
Section 214 authority do not require Commission approval prior to
consummation. A carrier that consummates a pro forma international
Section 214 transaction, however, must provide notice of that
transaction to the Commission no later than 30 days after
consummation. This notification requirement generally does not extend
to pro forma domestic Section 214 transactions.
5. It is well established that the Commission has authority to request
information from an entity subject to its jurisdiction and that any
entity receiving such a request must provide a timely and complete
response. Sections 4(i), 218, and 403 of the Act give the Commission
broad power to compel carriers to provide the requested information.
It is an essential part of the Commission's work in discharging its
responsibilities pursuant to the Act to request and receive
information from the entities that it regulates. Commission requests
for information should be treated in the same manner as a Commission
order.
6. One World Telecom is a Florida limited liability company that provides
interstate and international prepaid telecommunications services.
A. One World Telecom's Transactions with One World Telecom, Inc.
7. On February 13, 2004, the Commission granted international Section 214
authority to One World Telecom, Inc. (OWTI), a company wholly owned by
Laurent Lamothe. At that time, OWTI also obtained blanket domestic
Section 214 authority by operation of the Rules. On January 1, 2006,
One World Telecom, OWTI, and Business Telecommunications Services,
Inc. (BTS) consummated a series of transactions that resulted in a
substantial transfer of control and assignment of the domestic and
international Section 214 authorizations held by OWTI. After the
various transactions were consummated, One World Telecom held these
domestic and international Section 214 authorizations, and was
indirectly controlled in equal 25 percent shares by Laurent Lamothe,
Patrice Baker, Rafael Olloqui, and Ricardo Olloqui. One World Telecom,
OWTI, and BTS did not seek Commission approval prior to consummating
these transactions.
8. Beginning in December 2011, One World Telecom filed a series of
applications to rectify its prior failure to obtain Commission consent
to the substantial transfers of control described above. These
included:
* An August 12, 2011 request for Special Temporary Authority (STA) to
continue providing international common carrier service, which the
Commission's International Bureau granted on August 23, 2011;
* A March 1, 2012 application for an STA to continue providing domestic
telecommunications service, which the Commission's Wireline
Competition Bureau granted on March 15, 2012; and
* A March 1, 2012 application for Commission consent to the transfer of
control of domestic Section 214 authority and for the assignment of
international Section 214 authority from OWTI to One World Telecom,
which the Wireline Competition Bureau granted on April 16, 2012, and
the International Bureau granted on March 30, 2012.
These grants were without prejudice to any enforcement action the
Commission might take to address the unauthorized transfers of control and
assignments.
B. One World Telecom, LLC's Transaction with NexUStel, LLC
9. In August 2009, NexUStel, LLC (NexUStel), which had operated as
prepaid calling card provider reselling international
telecommunications services, found itself without sufficient capital
to continue operating or enough time to provide its customers with the
minimum 30-day advance notice of discontinuance that the Rules
require. In order to avoid having NexUStel's customers lose the
amounts they had already paid for international calling cards,
NexUStel and One World Telecom agreed that One World Telecom would
honor the remaining balances on those calling cards. In accordance
with this arrangement, One World Telecom and NexUStel made technical
arrangements to route calls that were made to NexUStel's access number
to One World Telecom's facilities. One World Telecom thereafter
honored NexUStel's international prepaid calling cards and on August
12, 2009, NexUStel ceased operations.
10. One World Telecom and NexUStel did not seek Commission approval for
this arrangement. During the course of the Investigation, One World
Telecom agreed to submit an application for consent to the assignment
of the customer accounts from NexUStel. One World Telecom submitted
this application on August 12, 2011. On March 20, 2012, the
International Bureau granted it.
C. One World Telecom's Pro Forma International Section 214 Transactions
11. On January 1, 2010, and January 1, 2011, One World Telecom consummated
two separate pro forma international Section 214 transfers of control.
One World Telecom did not notify the Commission within 30 days of
consummation of either of these transactions, as the Rules require.
12. Effective January 1, 2010, OWTI transferred its 50 percent ownership
interest in One World Telecom to Contact Communications, LLC
(Contact), a Florida limited liability company, which had the same
ownership as OWTI. Following this transaction, Contact and BTS each
owned a 50 percent interest in One World Telecom. This transaction did
not change ultimate ownership of One World Telecom. The Rules required
One World Telecom to notify the Commission of this pro forma
international Section 214 transaction by January 31, 2010, but the
Company did not do so until March 1, 2012.
13. Effective January 1, 2011, Contact then transferred its 50 percent
interest in One World Telecom to Telco Equipment & Support Services,
Inc. (TESS), a Florida corporation, which had the same ownership as
Contact. As a result of this transaction, TESS and BTS held direct
ownership of One World Telecom in equal 50 percent shares. This
transaction did not change ultimate ownership of One World Telecom.
The Rules required One World Telecom to notify the Commission of this
pro forma international Section 214 transaction by January 31, 2011,
but the Company did not do so until March 13, 2012.
D. The Timing of One World Telecom's Response to the Bureau's Letter of
Inquiry
14. On January 21, 2010, the Bureau sent a Letter of Inquiry (LOI) to One
World Telecom regarding its assignment transaction with NexUStel. The
response was due on February 22, 2010. One World Telecom did not
provide a response by this deadline, despite its receipt of the LOI.
On March 18, 2010, the Bureau sent One World Telecom a second letter
that warned of possible enforcement action if a complete response to
the LOI was not received by March 25, 2010. On March 29, 2010, One
World Telecom responded to the Bureau's LOI, 35 days late.
III. TERMS OF AGREEMENT
15. 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.
16. Jurisdiction. One World Telecom agrees that the Bureau has
jurisdiction over it and the matters contained in this Consent Decree
and that the Bureau has the authority to enter into and adopt this
Consent Decree.
17. Effective Date; Violations. The Parties agree that this Consent Decree
shall become effective on the Effective Date. 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.
18. 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, One World Telecom 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, any
new proceeding, formal or informal, or take any action on its own
motion against One World Telecom concerning the matters that were the
subjects 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 One
World Telecom with respect to One World Telecom's basic
qualifications, including its character qualifications, to be a
Commission licensee or hold Commission authority.
19. Compliance Officer. Within thirty (30) calendar days after the
Effective Date, One World Telecom shall designate a senior corporate
manager with the requisite corporate and organizational authority to
serve as a Compliance Officer and to discharge the duties set forth
below. The person designated as the Compliance Officer shall be
responsible for developing, implementing, and administering the
Compliance Plan and ensuring that One World Telecom complies with the
terms and conditions of the Compliance Plan and this Consent Decree.
In addition to the general knowledge of the Communications Laws
necessary to discharge his/her duties under this Consent Decree, the
Compliance Officer shall have specific knowledge of the Section 214
Rules and One World Telecom's duty to timely respond to Commission
requests for information prior to assuming his/her duties.
20. Compliance Plan. For purposes of settling the matters set forth
herein, One World Telecom agrees that it shall within sixty (60)
calendar days after the Effective Date, develop and implement a
Compliance Plan designed to ensure future compliance with the
Communications Laws, including the Section 214 Rules, and to ensure
One World Telecom's timely response to Commission requests for
information, and with the terms and conditions of this Consent Decree.
The Compliance Plan shall include, without limitation, the following
components:
a. Operating Procedures. Within sixty (60) calendar days after the
Effective Date, One World Telecom shall establish Operating
Procedures that all Covered Employees shall follow to help ensure One
World Telecom's compliance with the Section 214 Rules and its timely
response to Commission requests for information. One World Telecom's
Operating Procedures shall include internal procedures and policies
specifically designed to ensure that One World Telecom complies with
the Section 214 Rules and timely responds to Commission requests for
information. One World Telecom shall also develop a Compliance
Checklist that describes the steps that a Covered Employee must
follow to ensure compliance with the Section 214 Rules and to timely
respond to any Commission requests for information.
b. Compliance Manual. Within sixty (60) calendar days after the
Effective Date, the Compliance Officer shall develop and distribute a
Compliance Manual to all Covered Employees. The Compliance Manual
shall explain the Communications Laws that apply to One World
Telecom, including the Section 214 Rules, and One World Telecom's
duty to timely respond to Commission requests for information. The
Compliance Manual shall also set forth the Operating Procedures that
Covered Employees shall follow to help ensure One World Telecom's
compliance with the Section 214 Rules and One World Telecom's timely
response to any Commission requests for information. One World
Telecom shall periodically review and revise the Compliance Manual as
necessary to ensure that the information set forth therein remains
current and accurate. One World Telecom shall distribute any
revisions to the Compliance Manual promptly to Covered Employees. The
Compliance Manual will require personnel, including Covered
Employees, to contact One World Telecom's Compliance Officer and, if
appropriate, regulatory legal counsel, with any questions or concerns
that arise with respect to One World Telecom's obligations under the
Communications Laws, including the Section 214 Rules and the duty to
timely respond to Commission requests for information, that apply to
One World Telecom.
c. Compliance Training Program. One World Telecom shall establish and
implement a Compliance Training Program on compliance with the
Communications Laws, including the Section 214 Rules and One World
Telecom's duty to timely respond to Commission requests for
information, and the Operating Procedures. As part of the Compliance
Training Program, Covered Employees shall be advised of One World
Telecom's obligation to report any noncompliance with the Section 214
Rules or with One World Telecom's duty to timely respond to
Commission requests for information under paragraph 21 of this
Consent Decree and shall be instructed on how to disclose
noncompliance to the Compliance Officer. All Covered Employees shall
be trained pursuant to the Compliance Training Program within sixty
(60) calendar days after the Effective Date, except that any person
who becomes a Covered Employee at any time after the Effective Date
shall be trained within thirty (30) calendar days after the date such
person becomes a Covered Employee. One World Telecom shall repeat the
compliance training on an annual basis, and shall periodically review
and revise the Compliance Training Program as necessary to ensure
that it remains current and complete and to enhance its
effectiveness.
d. Termination Date. The requirements of this Compliance Plan shall
expire twenty-four (24) months after the Effective Date.
21. Reporting Noncompliance. One World Telecom shall report any
noncompliance with the Section 214 Rules, the duty to timely respond
to Commission requests for information, and the terms and conditions
of this Consent Decree within fifteen (15) calendar days after
discovery of such noncompliance. Such reports shall include a detailed
explanation of (i) each instance of noncompliance; (ii) the steps that
One World Telecom has taken or will take to remedy such noncompliance;
(iii) the schedule on which such remedial actions will be taken; and
(iv) the steps that One World Telecom has taken or will take to
prevent the recurrence of any such noncompliance. All reports of
noncompliance shall be submitted to the Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications
Commission, Room 4-C330, 445 12th Street, SW, Washington, DC 20554,
with a copy submitted electronically to Theresa Z. Cavanaugh at
Terry.Cavanaugh@fcc.gov, William A. Kehoe at William.Kehoe@fcc.gov,
and Robert B. Krinsky at Robert.Krinsky@fcc.gov. The reporting
obligations set forth in this paragraph shall expire twenty-four (24)
months after the Effective Date.
22. Compliance Reports. One World Telecom shall file Compliance Reports
with the Commission ninety (90) calendar days after the Effective
Date, twelve (12) months after the Effective Date, and twenty-four
(24) months after the Effective Date.
a. Each Compliance Report shall include a detailed description of One
World Telecom's efforts during the relevant period to comply with the
terms and conditions of this Consent Decree, the Section 214 Rules,
and any Commission requests for information. In addition, each
Compliance Report shall include a certification by the Compliance
Officer, as an agent of and on behalf of One World Telecom, stating
that the Compliance Officer has personal knowledge that One World
Telecom (i) has established and implemented the Compliance Plan; (ii)
has utilized the Operating Procedures since the implementation of the
Compliance Plan; and (iii) is not aware of any instances of
noncompliance with the terms and conditions of this Consent Decree,
including the reporting obligations set forth in paragraph 21 of this
Consent Decree.
b. The Compliance Officer's certification shall be accompanied by a
statement explaining the basis for such certification and shall comply
with Section 1.16 of the Rules and be subscribed to as true under
penalty of perjury in substantially the form set forth in Section
1.16.
c. If the Compliance Officer cannot provide the requisite certification,
the Compliance Officer, as an agent of and on behalf of One World
Telecom, shall provide the Commission with a detailed explanation of
the reason(s) why and describe fully (i) each instance of
noncompliance; (ii) the steps that One World Telecom has taken or will
take to remedy such noncompliance, including the schedule on which
proposed remedial actions will be taken; and (iii) the steps that One
World Telecom has taken or will take to prevent the recurrence of any
such noncompliance, including the schedule on which such preventive
action will be taken.
d. All Compliance Reports shall be submitted to the Chief, Investigations
& Hearings Division, Enforcement Bureau, Federal Communications
Commission, Room 4-C330, 445 12th Street, SW, Washington, DC 20554,
with a copy submitted electronically to Theresa Z. Cavanaugh at
Terry.Cavanaugh@fcc.gov, William A. Kehoe at William.Kehoe@fcc.gov,
and Robert B. Krinsky at Robert.Krinsky@fcc.gov.
23. 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 One World Telecom 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 One World Telecom with the Communications
Laws.
24. Voluntary Contribution. One World Telecom agrees that it will make a
voluntary contribution to the United States Treasury in the amount of
twenty-four thousand dollars ($24,000.00) (Voluntary Contribution).
Because of One World Telecom's inability to make a lump sum payment,
such Voluntary Contribution shall be made in installments (each an
Installment Payment). The first Installment Payment in the amount of
eight thousand dollars ($8,000.00) is due within thirty (30) calendar
days after the Effective Date. The second Installment payment in the
amount of eight thousand dollars ($8,000.00) is due on February 1,
2013. The final payment in the amount of eight thousand dollars
($8,000.00) is due on March 1, 2013 (Maturity Date). One World Telecom
acknowledges and agrees that upon execution of this Consent Decree,
the Voluntary Contribution and each Installment Payment shall become a
"Claim" or "Debt" as defined in 31 U.S.C. S: 3701(b)(1). Upon an Event
of Default, all procedures for collection permitted by law may, at the
Commission's discretion, be initiated. In addition, One World Telecom
agrees that it will make the first and all subsequent Installment
Payments in United States Dollars without further demand or notice by
the dates specified above. One World Telecom shall also send
electronic notification of payment to Theresa Z. Cavanaugh at
Terry.Cavanaugh@fcc.gov, William A. Kehoe at William.Kehoe@fcc.gov,
and Robert B. Krinsky at Robert.Krinsky@fcc.gov on the date said
Installment Payments are made. The Installment Payments must be made
by check or similar instrument, wire transfer, or credit card, and
must include the Account number and FRN referenced above. Regardless
of the form of payment, a completed 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). Below are additional
instructions you should follow based on the form of payment you
select:
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete
the wire transfer and ensure appropriate crediting of the wired funds,
a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
If you have questions regarding payment procedures, please contact the
Financial Operations Group Help Desk by phone, 1-877-480-3201, or by
e-mail, ARINQUIRIES@fcc.gov.
25. Event of Default. One World Telecom agrees that an Event of Default
shall occur upon the failure by One World Telecom to pay the full
amount of any Installment Payment on or before the due date specified
in this Consent Decree.
26. Interest, Charges for Collection, and Acceleration of Maturity Date.
After an Event of Default has occurred under this Consent Decree, the
then unpaid amount of the Voluntary Contribution shall accrue
interest, computed using the U.S. Prime Rate in effect on the date of
the Event of Default plus 4.75 percent, from the date of the Event of
Default until payment in full. Upon an Event of Default, the then
unpaid amount of the Voluntary Contribution, together with interest,
as aforesaid, any penalties permitted and/or required by the law,
including but not limited to 31 U.S.C. S: 3717, and administrative
charge(s), plus the costs of collection, litigation, and attorneys'
fees, shall become immediately due and payable, without notice,
presentment, demand, protest, or notice of protest of any kind, all of
which are waived by One World Telecom.
27. Waivers. One World Telecom 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 the
Adopting Order as defined in this Consent Decree. One World Telecom
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 One World Telecom nor
the Commission shall contest the validity of the Consent Decree or the
Adopting Order, and One World Telecom shall waive any statutory right
to a trial de novo. One World Telecom hereby agrees to waive any
claims it may otherwise have under the Equal Access to Justice Act,
relating to the matters addressed in this Consent Decree.
28. 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.
29. 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 One World Telecom does not
expressly consent) that provision will be superseded by such
Commission rule or order.
30. Successors and Assigns. One World Telecom agrees that the provisions
of this Consent Decree shall be binding on its successors, assigns,
and transferees.
31. 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 Communications Laws.
32. Termination Date. The requirements of this Consent Decree shall expire
twenty-four (24) months after the Effective Date.
33. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
34. 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.
35. Authorized Representative. Each Party represents and warrants to the
other that it has full power and authority to enter into this Consent
Decree.
36. Counterparts. This Consent Decree may be signed in counterpart
(including by facsimile). Each counterpart, when executed and
delivered, shall be an original, and all of the counterparts together
shall constitute one and the same fully executed instrument.
________________________________
P. Michele Ellison
Chief
Enforcement Bureau
________________________________
Date
________________________________
Andres Proano
Manager
One World Telecom, LLC
________________________________
Date
47 U.S.C. S: 214.
47 C.F.R. S:S: 63.03, 63.04, 63.18, 63.24.
47 U.S.C. S: 154(i).
47 C.F.R. S:S: 0.111, 0.311.
47 U.S.C. S: 214.
47 C.F.R. S:S: 63.03, 63.04, 63.18, 63.24.
47 U.S.C. S: 214; 47 C.F.R. Part 63.
See 47 U.S.C. S: 214(a). The Commission granted all carriers blanket
authority under Section 214 to provide domestic interstate services and to
construct or operate any domestic transmission line. Implementation of
Section 402(b)(2)(A) of the Telecomm. Act of 1996, Report and Order in CC
Docket No. 97-11, Second Memorandum Opinion and Order in AAD File No.
98-43, 14 FCC Rcd 11364, 11365-66, para. 2 (1999) (Section 402
Implementation Order); 47 C.F.R. S: 63.01. This authority does not extend
to the provision of international services. See id.
47 C.F.R. S:S: 63.03; 63.24. A transfer of control of domestic lines or of
a domestic Section 214 authority is considered "substantial" if it results
in a change in ultimate ownership or control of those lines or that
authority. See 47 C.F.R. S: 63.03(d). A transfer of control of
international lines or of an international Section 214 authority is
considered "substantial" if it results in a change in the actual
controlling party of those lines or that authority. 47 C.F.R. S: 63.24(a).
For simplicity, this Consent Decree uses the phrase "change in ultimate
control" to refer to both domestic and international substantial transfers
of control.
See 47 C.F.R. S:S: 63.04, 63.18.
See 47 C.F.R. S:S: 63.03(d); 63.24(f).
47 C.F.R. S: 63.24(f).
47 C.F.R. S: 63.03(d)(1). Notification must be given of pro forma
transfers of control of domestic Section 214 authority that are
consummated as part of a bankruptcy proceeding. See 47 C.F.R. S:
63.03(d)(2).
See, e.g., Google Inc., Notice of Apparent Liability for Forfeiture, 27
FCC Rcd 4012, 4030, para. 12 (Enf. Bur. 2012) (proposing forfeiture for
failure to timely comply with Bureau information and document requests);
International Telecom Exchange, Inc., Order of Forfeiture, 22 FCC Rcd
13691, 13693-94, paras. 8-9 (Enf. Bur. 2007) (imposing forfeiture on
common carrier that responded to the Bureau's letter of inquiry eight
months late and only after repeated requests from staff).
47 U.S.C. S:S: 154(i), 218, 403.
See, e.g., LDC Telecomm., Inc., Notice of Apparent Liability for
Forfeiture and Order, 27 FCC Rcd 300, 301, para. 5 (Enf. Bur. 2012)
(holding that "[t]he Bureau's Letter of Inquiry directed to LDC was a
legal order of the Commission requiring LDC to produce the requested
documents and information," and that "LDC's failure to provide the
documents and information sought within the time and manner specified
constitute[d] a violation of a Commission order").
See One World Telecom, LLC, Joint Domestic and International Application,
Application for Consent to Transfer Control of a Company Holding Blanket
Domestic Section 214 Authority and Section 214 International Authorization
Pursuant to Section 214 of the Communications Act of 1934, as amended, WC
Docket No. 12-65, IBFS File No. ITC-ASG-20120301-00068, at 2 (filed Mar.
1, 2012) (on file in EB-09-IH-2125) (One World Telecom Domestic and Int'l
Sec. 214 Applications).
See International Bureau Filing System (IBFS) File No.:
ITC-214-20040116-00018 at Attachment to Response to Question 14 (filed
Jan. 16, 2004); International Authorizations Granted - Section 214
Applications (47 C.F.R. S: 63.18); Cable Landing License Applications (47
C.F.R. S: 1.767); Requests to Authorize Switched Services over Private
Lines (47 C.F.R. S: 63.16); Section 310(b)(4) Requests, Public Notice,
Report No. TEL-00761, 19 FCC Rcd 2795, 2796 (Int'l Bur. 2004)(announcing
application grant of IBFS File No.: ITC-214-20040116-00018).
See 47 C.F.R. S: 63.01 (2004); see also Section 402 Implementation Order,
supra note 4.
See One World Telecom Domestic and Int'l Sec. 214 Applications at 4.
See International Bureau Filing System (IBFS) File No.:
ITC-STA-20110812-00262 (filed Aug. 12, 2011) (One World Telecom/OWTI Int'l
STA Application).
See File No.: ITC-STA-20110812-00262.
See One World Telecom, LLC, Application for Consent to Transfer Control of
a Company Holding Blanket Domestic Section 214 Authority and Section 214
International Authorization Pursuant to Section 214 of the Communications
Act of 1934, As Amended, Request for Special Temporary Authority
(Domestic) (filed Mar. 1, 2012) (One World Telecom/OWTI Domestic STA
Application) (on file in EB-09-IH-2125).
See Notice of Non-Streamlined Domestic Section 214 Application Granted, WC
Docket No. 12-65, Public Notice, 27 FCC Rcd 4053, 4053 n.1 (Wireline Comp.
Bur. 2012) (Domestic Authorization Public Notice) (referencing prior STA
grant in the context of granting One World Telecom's application for the
transfer of control of domestic Section 214 authority from OWTI to One
World Telecom).
See One World Telecom Domestic and Int'l Sec. 214 Applications, supra note
13.
See Domestic Authorization Public Notice, 27 FCC Rcd at 4053.
See International Authorization Public Notice, 27 FCC Rcd at 3284.
See Domestic Authorization Public Notice, 27 FCC Rcd at 4053 n.1;
International Authorization Public Notice, 27 FCC Rcd at 3284.
See Application for the Consent to Assign Assets from NexUStel, LLC, a
Company Holding International Section 214 Authorization Pursuant to
Section 214 of the Communications Act of 1934, as amended, to One World
Telecom, LLC, IBFS File No. ITC-ASG-20110812-00261, at 1 (filed Aug. 12,
2011) (on file in EB-09-IH-2125) (NexUStel-One World Telecom Assignment
Application). NexUStel held international Section 214 operating authority,
which it had been granted on May 9, 2008. See International Authorizations
Granted - Section 214 Applications (47 C.F.R. S: 63.18); Section 310(b)(4)
Requests, Public Notice, Report No. TEL-01269, 23 FCC Rcd 7890, 7891
(Int'l Bur. 2008).
See Declaration of Jorge Asecio, Former President, NexUStel, LLC, and
Nexitos, LLC, at paras. 6-7 (Asecio Declaration), attachment to Letter
from Steven A. Augustino, Kelley Drye & Warren LLP, Counsel to One World
Telecom, LLC, to Robert Krinsky, Attorney Advisor, Investigations and
Hearings Div., FCC Enforcement Bureau, (filed Mar. 29, 2010) (on file in
EB-09-IH-2125) (LOI Response); Id., Declaration of Gilbert Pasquet,
Former President, One World Telecom, LLC, at para. 6 (Pasquet
Declaration), attachment to LOI Response. The Rules for discontinuance of
international services require the carrier to notify all affected
customers at least 30 days prior to the planned action. See 47 C.F.R. S:
63.19(a)(1).
See LOI Response at 4; Asecio Declaration at paras. 6-7; Pasquet
Declaration at para. 6.
See Asecio Declaration at para. 9; Pasquet Declaration para. 5.
See LOI Response at 4; Asecio Declaration at para. 10; Pasquet
Declaration at para. 5; Letter from Steven A. Augustino, Kelley Drye &
Warren LLP, Counsel to One World Telecom, LLC, to Robert Krinsky, Attorney
Advisor, Investigations and Hearings Div., FCC Enforcement Bureau (Nov.
15, 2010) at 1 (on file in EB-09-IH-2125) (One World Telecom Nov. 15, 2010
Letter).
See NexUStel-One World Telecom Assignment Application, supra note 25.
International Authorization Public Notice, 27 FCC Rcd at 3283.
47 C.F.R. S: 63.24(f).
See Letter from Steven A. Augustino and Winafred R. Brantl, Counsel for
One World Telecom LLC, Kelley Drye & Warren LLP, to Marlene H. Dortch,
Secretary, FCC (Mar. 1, 2012) at 2 attachment to IBFS File No.:
ITC-T/C-20120301-00069 (Contact Communications Transaction Letter).
Id.
Id.
See 47 C.F.R. S: 63.24(f) (requiring notification within 30 days of
consummation of a pro forma international Section 214 transaction).
See Contact Communications Transaction Letter at 2; see also IBFS File
No.: ITC-T/C-20120301-00069; International Authorization Granted - Section
214 Applications (47 C.F.R. 63.18) Requests, Public Notice, Report No.
TEL-01552, 27 FCC Rcd 2863, 2866 (announcing notification of the pro forma
transfer of control from OWTI to Contact, International Bureau Filing
System (IBFS) File No.: ITC-T/C-20120301-00069).
See Letter from Steven A. Augustino and Winafred R. Brantl, Counsel for
One World Telecom, LLC, Kelley Drye & Warren LLP, to Marlene H. Dortch,
Secretary, Fed. Comm. Comm'n (Mar. 13, 2012) at 2-3, Attachment to IBFS
File No.: ITC-T/C-20120301-00073 (TESS Transaction Letter).
Id. at 1.
Id.
See 47 C.F.R. S: 63.24(f) (requiring notification within 30 days of
consummation of a pro forma international Section 214 transaction).
See TESS Transaction Letter; see also IBFS File No.:
ITC-T/C-20120313-00073; International Authorization Granted - Section 214
Applications (47 C.F.R. S: 63.18) Requests, Public Notice, Report No.
TEL-01552, 27 FCC Rcd 2863, 2866 (announcing notification of the pro forma
transfer of control from Contact Communications to TESS, International
Bureau Filing System (IBFS) File No.: ITC-T/C-20120313-00073).
See Letter from Trent B. Harkrader, Deputy Div. Chief, Investigations and
Hearings Division, FCC Enforcement Bureau, to Mr. Laurent S. Lamothe,
Chief Executive Officer, One Word Telecom, LLC (Jan. 21, 2010) (on file in
EB-09-IH-2125) (One World Telecom LOI). This LOI did not address any of
the other alleged violations.
Id at 1.
One Word Telecom did not contact the Bureau during the 30-day period
allotted for a timely response. According to the U.S. Postal Service's
(USPS) mail delivery tracking system, the LOI was delivered on January 25,
2010. See USPS, "Track & Confirm Record for Receipt Number 7008 05000000
9339 6451 (on file in EB-09-IH-2125). Additionally, on February 2, 2012,
the Bureau received the USPS Return Receipt card acknowledging One Word
Telecom's receipt of the LOI. See Return Receipt for Receipt Number 7008
05000000 9339 6451 (on file in EB-09-IH-2125).
See Letter from Trent B. Harkrader, Deputy Div. Chief, Investigations and
Hearings Div., FCC Enforcement Bureau, to Laurent S. Lamothe, Chief
Executive Officer, One Word Telecom, LLC (Mar. 18, 2010) (on file in
EB-09-IH-2125) (LOI Demand Letter).
See LOI Response, supra note 26.
47 C.F.R. S: 1.16.
47 U.S.C. S: 208.
Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat.
1321, 1358 (Apr. 26, 1996).
An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
See 5 U.S.C. S: 504; 47 C.F.R. Part 1, Subpart K.
Federal Communications Commission DA 12-1677
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