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Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of TOWERSTREAM CORPORATION Licensee of Various
Authorizations in the Wireless Radio Service ) ) ) ) ) ) ) File Nos.:
EB-12-IH-0909 EB-FIELDSCR-12-00004030 Acct. No.: 201232600017 FRN:
0007097355 0015467749
ORDER
Adopted: May 31, 2013 Released: June 3, 2013
By the Chief, Enforcement Bureau:
1. In this Order, we adopt a Consent Decree entered into between the
Enforcement Bureau (Bureau) and Towerstream Corporation (Towerstream).
The Consent Decree terminates an investigation by the Bureau's
Investigations & Hearings Division of Towerstream for possible
violations of Section 310(d) of the Communications Act of 1934, as
amended (Act), and Sections 1.948, 1.17, and 25.102(a) of the
Commission's rules (Rules).^ The Consent Decree also terminates an
investigation by the Bureau's Miami Field Office (Field Office) and
cancels a related Notice of Apparent Liability for Forfeiture (NAL)^
against Towerstream for possible violations of Section 301 of the Act,
and Section 25.102(a) of the Rules.^
2. A copy of the Consent Decree negotiated by the Bureau and Towerstream
is attached hereto and incorporated herein by reference.
3. After reviewing the terms of the Consent Decree, we find that the
public interest would be served by adopting the Consent Decree,
terminating the investigations, and cancelling the NAL.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigations raise no substantial or material
questions of fact as to whether Towerstream 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 Rules,^ the Consent
Decree attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigations ARE
TERMINATED.
7. IT IS FURTHER ORDERED that Towerstream Corporation, Licensee of Fixed
Earth Stations KA407 and KA412, Miami, Florida, Notice of Apparent
Liability for Forfeiture, 27 FCC Rcd 11251 (Miami Office, 2012), IS
CANCELLED.
8. 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 Jeffrey M. Thompson, CEO, Towerstream Corporation, 55
Hammarlund Way, Middleton, RI 02842.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief
Enforcement Bureau
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of TOWERSTREAM CORPORATION Licensee of Various
Authorizations in the Wireless Radio Service ) ) ) ) ) ) ) File Nos.:
EB-12-IH-0909 EB-FIELDSCR-12-00004030 Acct. No.: 201232600017 FRN:
0007097355 0015467749
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission
(Bureau) and Towerstream Corporation (Towerstream), by their
authorized representatives, hereby enter into this Consent Decree for
the purposes of: (a) terminating the investigation by the Bureau's
Investigations & Hearings Division into whether Towerstream violated
Section 310(d) of the Communications Act of 1934, as amended (Act),
and Sections 1.948, 1.17, and 25.102(a) of the Commission's rules
(Rules), relating to the transfer of control and/or assignment of
Commission authorizations;^ (b) terminating the investigation by the
Bureau's Miami Field Office (Field Office) into whether Towerstream
violated Section 301 of the Act^ and Section 25.102(a) of the Rules,^
relating to operation of a fixed earth station without Commission
authorization; and (c) canceling Towerstream Corporation, Licensee of
Fixed Earth Stations KA407 and KA412, Miami, Florida, Notice of
Apparent Liability for Forfeiture, 27 FCC Rcd 11251 (Miami Office,
2012), arising from the Field Office's investigation of Towerstream.
I. DEFINITIONS
9. 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 Towerstream is subject by virtue of its business activities.
f. "Compliance Plan" means the plan described in this Consent Decree at
paragraph 16.
g. "Covered Employees" means all employees and agents of Towerstream who
perform, or supervise, oversee, or manage the performance of, duties
that relate to Towerstream's responsibilities under the Communications
Laws, including Sections 301 and 310(d) of the Act, and Sections
1.948, 1.17, and 25.102(a) of the Rules.
h. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
i. "Investigations" means the investigations commenced by the Bureau's
Investigations & Hearings Division in File Nos. EB-12-IH-0909 and by
the Bureau's Miami Field Office in EB-FIELDSCR-12-00004030, regarding
the Company's possible violations of Sections 301 and 310(d) of the
Communications Act of 1934, as amended, and Sections 1.948, 1.17, and
25.102(a) of the Commission's rules.
j. "NAL" means Towerstream Corporation, Licensee of Fixed Earth Stations
KA407 and KA412, Miami, Florida, Notice of Apparent Liability for
Forfeiture, 27 FCC Rcd 11251 (Miami Office, 2012).
k. "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by Towerstream to
implement the Compliance Plan.
l. "Parties" means Towerstream and the Bureau, each of which is a
"Party."
m. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
n. "Towerstream" or "Company" means Towerstream Corporation, including
all of Towerstream's subsidiaries and affiliates, and its
predecessors-in-interest and successors-in-interest.
II. BACKGROUND
10. Section 310(d) of the Act states, "[n]o construction permit or station
license, or any rights thereunder, shall be transferred, assigned, or
disposed of in any manner, voluntarily or involuntarily, directly or
indirectly, or by transfer of control of any corporation holding such
permit or license, to any person except upon application to the
Commission and upon finding by the Commission that the public
interest, convenience, and necessity will be served thereby."^ Section
1.948 of the Rules similarly requires Commission consent prior to a
transfer of control or assignment of license.^
11. Section 301 of the Act states that no person shall use or operate any
apparatus for the transmission of energy or communications or signals
by radio within the United States, except under and in accordance with
the Act and with a license granted under the provisions of the Act.^
Section 25.102(a) of the Rules similarly requires that "[n]o person
shall use or operate apparatus for the transmission of energy or
communications or signals by space or earth stations except under, and
in accordance with, an appropriate authorization granted by the
Federal Communications Commission."^
12. Section 1.17 of the Rules states that no person may provide, in any
written statement of fact, "material factual information that is
incorrect or omit material information that is necessary to prevent
any material factual statement that is made from being incorrect or
misleading without a reasonable basis for believing that any such
material factual statement is correct and not misleading."^ In 2003,
the Commission expanded the scope of Section 1.17 of the Rules to
include written statements that are made without a reasonable basis
for believing the statement is correct and not misleading.^ The
Commission explained that this requirement was intended to more
clearly articulate the obligations of persons dealing with the
Commission, ensure that they exercise due diligence in preparing
written submissions, and enhance the effectiveness of the Commission's
enforcement efforts.^ Thus, even in the absence of an intent to
deceive, a false statement provided without a reasonable basis for
believing that the statement is correct and not misleading constitutes
an actionable violation of Section 1.17 of the Rules.^
13. Towerstream is a publicly traded company that is listed on the New
York Stock Exchange, incorporated in Delaware, and based in
Providence, Rhode Island.^ Towerstream states that it is a
"competitive entrant in the wireless broadband market."^ Towerstream
also states that it provides "affordable and competitive wireless 4G
high-speed Internet access to business customers in a number of major
markets, including: Providence, New York City, Boston, Los Angeles,
Chicago, the San Francisco Bay Area, Miami, Seattle, Dallas/Fort
Worth, Philadelphia, Nashville, and Las Vegas/Reno.^
14. On January 12, 2012, Towerstream filed an application for Commission
consent to the transfer of control of 16 authorizations from Color
Broadband Communications Inc. (Color Broadband) to Towerstream. The 16
authorizations consisted of 15 Common Carrier Fixed Point-to-Point
Microwave authorizations and one authorization to operate in the
3650-3700 MHz band.^ Question No. 7(a) of the application inquired
whether the parties had already consummated the transaction referenced
therein. Despite the fact that Towerstream had previously completed
the acquisition of substantially all of the assets of Color Broadband
on December 2, 2011, and issued a press release to that effect,
Towerstream answered "No" in response to Question No. 7(a).^
15. In July 2012, the Commission's Wireless Telecommunications Bureau,
which was responsible for processing Towerstream's application,
referred this matter to the Bureau's Investigations & Hearings
Division (IHD) for possible enforcement action. IHD promptly commenced
an investigation by directing a letter of inquiry (LOI) to
Towerstream.^ In its response, Towerstream stated that it had, since
April 2010, consummated three additional corporate transactions
involving transfers of control or assignments of licenses prior to
obtaining Commission consent.^
16. During the course of our investigation, the Field Office was
concurrently investigating Towerstream for other possible violations.
On September 26, 2012, the Field Office released the NAL concluding
that Towerstream had operated a fixed earth station in Miami, Florida
without Commission authorization, in apparent willful and repeated
violation of Section 301 of the Act and Section 25.102(a) of the
Rules. The NAL proposed a forfeiture of $15,000 against Towerstream.
17. In light of Towerstream's response to the LOI and the outstanding NAL,
the parties entered into negotiations to resolve the various matters
under investigation.
III. TERMS OF AGREEMENT
18. 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.
19. Jurisdiction. Towerstream 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.
20. 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.
21. Termination of Investigations. 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 the
Investigations and cancel the NAL. In consideration for the
termination of the Investigations and cancellation of the NAL,
Towerstream 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 the
Investigations 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
Towerstream concerning the matters that were the subject of the
Investigations. The Bureau also agrees that in the absence of new
material evidence it will not use the facts developed in the
Investigations 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 Towerstream
with respect to Towerstream's basic qualifications, including its
character qualifications, to be a Commission licensee or hold
Commission licenses or authorizations.
22. Compliance Officer. Within sixty (60) calendar days after the
Effective Date, Towerstream 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 Towerstream 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 Sections 301 and 310(d) of Act and Sections
1.948, 1.17, and 25.102(a) of the Rules prior to assuming his/her
duties.
23. Compliance Plan. For purposes of settling the matters set forth
herein, Towerstream agrees that it shall, within ninety (90) calendar
days after the Effective Date, develop and implement a Compliance Plan
designed to ensure future compliance with the Communications Laws,
including Sections 301 and 310(d) of Act and Sections 1.948, 1.17, and
25.102(a) of the Rules, and with the terms and conditions of this
Consent Decree. The Compliance Plan shall implement the following
procedures:
a. Operating Procedures. Within ninety (90) calendar days after the
Effective Date, Towerstream shall establish Operating Procedures that
all Covered Employees shall follow to help ensure Towerstream's
compliance with the Commission's Rules. The Compliance Manual shall
explain the Communications Laws that apply to Towerstream, including
Section 1.65 of the Rules, and set forth the Operating Procedures that
Covered Employees shall follow to help ensure Towerstream's compliance
with Sections 1.948, 1.17, and 25.102(a) of the Rules. Towerstream
shall also develop a Compliance Checklist that describes the steps
that a Covered Employee must follow to ensure compliance with Sections
301 and 310(d) of Act and Sections 1.948, 1.17, and 25.102(a) of the
Rules.
b. Compliance Manual. Within ninety (90) 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 Towerstream,
including Sections 301 and 310(d) of Act and Sections 1.948, 1.17, and
25.102(a) of the Rules, and set forth the Operating Procedures that
Covered Employees shall follow to help ensure Towerstream's compliance
with Sections 301 and 310(d) of Act and Sections 1.948, 1.17, and
25.102(a) of the Rules. Towerstream shall periodically review and
revise the Compliance Manual as necessary to ensure that the
information set forth therein remains current and accurate.
Towerstream shall distribute any revisions to the Compliance Manual
promptly to Covered Employees. The Compliance Manual shall require
personnel, including Covered Employees, to contact Towerstream's
Compliance Officer and, if appropriate, regulatory legal counsel with
any questions or concerns that arise with respect to Towerstream's
obligations under Sections 301 and 310(d) of Act and Sections 1.948,
1.17, and 25.102(a) of the Rules.
c. Compliance Training Program. Towerstream shall establish and implement
a Compliance Training Program on compliance with the Communications
Laws, including Sections 301 and 310(d) of Act and Sections 1.948,
1.17, and 25.102(a) of the Rules, and the Operating Procedures. As
part of the Compliance Training Program, Covered Employees shall be
advised of Towerstream's obligation to report any noncompliance with
Sections 301 and 310(d) of Act and Sections 1.948, 1.17, and 25.102(a)
of the Rules under paragraph 17 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 ninety (90) calendar days after the Effective
Date. Any person who becomes a Covered Employee at any time
thereafter shall be trained within thirty (30) calendar days after the
date such person becomes a Covered Employee. Towerstream 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.
24. Reporting Noncompliance. Towerstream shall report any noncompliance
with Sections 301 and 310(d) of Act and Sections 1.948, 1.17, and
25.102(a) of the Rules and with 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 Towerstream
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 Towerstream has taken or will take to prevent the
recurrence of any such noncompliance. All reports of noncompliance
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 [1]Terry.Cavanaugh@fcc.gov,
Gary Schonman at Gary.Schonman@fcc.gov, and Pam Slipakoff at
Pam.Slipakoff@fcc.gov. The reporting obligations set forth in this
paragraph shall expire thirty-six (36) months after the Effective
Date.
25. Compliance Reports. Towerstream shall file Compliance Reports with the
Commission ninety (90) calendar days after the Effective Date, twelve
(12) months after the Effective Date, twenty-four (24) months after
the Effective Date, and thirty-six (36) months after the Effective
Date.
a. Each Compliance Report shall include a detailed description of
Towerstream's efforts during the relevant period to comply with the
terms and conditions of this Consent Decree and Sections 301 and
310(d) of Act and Sections 1.948, 1.17, and 25.102(a) of the Rules. In
addition, each Compliance Report shall include a certification by the
Compliance Officer, as an agent of and on behalf of Towerstream,
stating that the Compliance Officer has personal knowledge that
Towerstream (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 17 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 Towerstream,
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 Towerstream 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 Towerstream 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, Gary Schonman at Gary.Schonman.fcc.gov, and
to Pam Slipakoff at [2]Pam.Slipakoff@fcc.gov.
26. Termination Date. Unless stated otherwise, the requirements set forth
in paragraphs 15 through 18 of this Consent Decree shall expire
thirty-six (36) months after the Effective Date
27. Voluntary Contribution. Towerstream agrees that it will make a
voluntary contribution to the United States Treasury in the amount
seventy thousand dollars ($70,000) within thirty (30) calendar days
after the Effective Date. Towerstream shall also send electronic
notification of payment to Theresa Z. Cavanaugh at
Terry.Cavanaugh@fcc.gov, Gary Schonman at Gary.Schonman@fcc.gov, and
Pam Slipakoff at Pam.Slipakoff@fcc.gov on the date said payment is
made. The payment must be made by check or similar instrument, wire
transfer, or credit card, and must include the NAL/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 regarding the
form of payment:
* 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.
Questions regarding payment procedures should be addressed to the
Financial Operations Group Help Desk by phone, 1-877-480-3201, or by
e-mail, [3]ARINQUIRIES@fcc.gov.
28. Waivers. Towerstream 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. Towerstream 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 Towerstream nor the Commission
shall contest the validity of the Consent Decree or the Adopting
Order, and Towerstream shall waive any statutory right to a trial de
novo. Towerstream 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.
29. 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.
30. 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 Towerstream does not expressly
consent) that provision will be superseded by such Commission rule or
order.
31. Successors and Assigns. Towerstream agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
32. 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. The Parties also agree that
this Consent Decree does not constitute an admission of liability by
Towerstream or a concession by the Commission that its investigation
was not well-founded.
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. The individual signing this Consent Decree
on behalf of Towerstream represents and warrants that he is authorized
by Towerstream to execute this Consent Decree and to bind Towerstream
to the obligations set forth herein. The FCC signatory represents that
she is signing this Consent Decree in her official capacity and that
she is authorized to execute this Consent Decree.
36. Counterparts. This Consent Decree may be signed in counterpart and may
be delivered by facsimile or electronic delivery. 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
________________________________ Jeffrey M. Thompson CEO Towerstream
Corporation ________________________________ Date
^ 47 U.S.C. S 310(d); 47 C.F.R. SS 1.948, 1.17, 25.102(a).
^ Towerstream Corporation, Licensee of Fixed Earth Stations KA407 and
KA412, Miami, Florida, Notice of Apparent Liability for Forfeiture, 27 FCC
Rcd 11251 (Miami Office, 2012).
^ 47 U.S.C. S 301; 47 C.F.R. S 25.102(a).
^ 47 U.S.C. SS 154(i), 503(b).
^ 47 C.F.R. SS 0.111, 0.311.
^ 47 U.S.C. S 310(d); 47 C.F.R. SS 1.948, 1.17, 25.102(a).
^ 47 U.S.C. S 301.
^ 47 C.F.R. S 25.102(a).
^ 47 U.S.C. S 310(d).
^ 47 C.F.R. S 1.948.
^ 47 U.S.C. S 301.
^ 47 C.F.R. S 25.102(a).
^ 47 C.F.R. S 1.17(a)(2).
^ See Amendment of Section 1.17 of the Commission's Rules Concerning
Truthful Statements to the Commission, Report and Order, 18 FCC Rcd 4016,
4021 (2003), recon. denied, Memorandum Opinion and Order, 19 FCC Rcd 5790,
further recon. denied, Memorandum Opinion and Order, 20 FCC Rcd 1250
(2004) (Amendment of Section 1.17).
^ Id.
^ See id. at 4017 (stating that the revision to Section 1.17 of the Rules
is intended to "prohibit incorrect statements of omissions that are the
results of negligence, as well as an intent to deceive").
^ See Letter from Donald L. Herman, Jr., Gregory W. Whiteaker and Susan C.
Goldhar Ornstein, Counsel for Towerstream Corporation., to Marlene H.
Dortch, Secretary, Federal Communications Commission, at 22 (Sept. 20,
2012) (LOI Response).
^ Id.
^ Id.
^ See Form 603, File No. 0005027045 (filed Jan. 12, 2012) (Jan. 12, 2012
Transfer of Control Application). Towerstream also requested consent for
the assignment of two pending applications (ULS File Nos. 0005022364 and
0005022365) for Common Carrier Fixed Point-to-Point Microwave
authorizations previously filed by Color Broadband Communications, Inc.
^ Towerstream subsequently filed an application for Commission consent to
the assignment of licenses from Color Broadband to Towerstream and let the
transfer of control application expire. See Jan. 12, 2012 Transfer of
Control Application; Form 603, File No. 0005175767 (filed May 1, 2012)
(May 1, 2012 Assignment Application). In the assignment application,
Towerstream appropriately represented in response to Question No. 7(a),
that the transaction had already occurred.
^ See Letter from Gary Schonman, Special Counsel, Investigations &
Hearings Division, Enforcement Bureau, Federal Communications Commission
to Arthur G. Giftakis, VP Engineering and Operations, Towerstream,
Corporation, (Aug. 21, 2012) (LOI).
^ See LOI Response at 7-8,
http://ir.towerstream.com/releasedetail.cfm?ReleaseID=460646,
[4]http://ir.towerstream.com/releasedetail.cfm?ReleaseID=537426,
[5]http://ir.towerstream.com/releasedetail.cfm?ReleaseID=579210. See also
ULS File Nos. 0004235067, 0004544254, 0004773922.
^ 47 C.F.R. S 1.16.
^ 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 13-1114
2
Federal Communications Commission DA 13-1114
Federal Communications Commission DA 13-1114
9
Federal Communications Commission DA 13-1114
References
Visible links
1. mailto:Terry.Cavanaugh@fcc.gov
2. mailto:Pam.Slipakoff@fcc.gov
3. mailto:ARINQUIRIES@fcc.gov
4. http://ir.towerstream.com/releasedetail.cfm?ReleaseID=537426
5. http://ir.towerstream.com/releasedetail.cfm?ReleaseID=579210