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Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of Silv Communication Inc. ) ) ) ) ) ) File No.:
EB-TCD-12-00000396 Acct. No.: 20132170002 FRN: 0006087761
ORDER
Adopted: July 31, 2013 Released: July 31, 2013
By the Acting Chief, Enforcement Bureau:
In this Order, we adopt the attached Consent Decree entered into between
the Enforcement Bureau (Bureau) of the Federal Communications Commission
(Commission) and Silv Communication Inc. (Silv or Company). The Consent
Decree terminates the investigation initiated by the Bureau regarding
Silv's compliance with Sections 201(b) and 258 of the Communications Act
of 1934, as amended,^ and Section 64.1120 of the Commission's rules.^
The Bureau and Silv have negotiated the terms of the Consent Decree that
resolves these matters. A copy of the Consent Decree is attached hereto
and incorporated by reference.
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 referenced investigation.
In the absence of material new evidence relating to this matter, we
conclude that the Bureau's investigation raises no substantial or material
questions of fact as to whether Silv possesses the basic qualifications,
including those related to character, to hold or obtain any Commission
license, certification or authorization.
Accordingly, IT IS ORDERED, pursuant to Section 4(i), 4(j) and 503(b) of
the Communications Act of 1934, as amended,^ and Sections 0.111 and 0.311
of the Commission's rules,^ the attached Consent Decree IS ADOPTED.
IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED.
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 Douglas G. Bonner, Drinker Biddle & Reath, 1500 K Street, NW,
Washington, DC 20005-1209.
FEDERAL COMMUNICATIONS COMMISSION
Robert H. Ratcliffe
Acting Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of Silv Communication Inc. ) ) ) ) ) ) File No.:
EB-TCD-12-00000396 NAL/Account No.: 201032170002 FRN: 0006087761
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission, and Silv
Communication Inc., by their authorized representatives, hereby enter into
this Consent Decree for the purpose of terminating the Bureau's
investigation into potential violations by Silv Communication Inc. of
Sections 201(b) and 258 of the Communications Act of 1934, as amended,^
and Section 64.1120 of the Commission's rules.^
I. DEFINITIONS
1. For the purposes of this Consent Decree, the following definitions
shall apply:
a. "Act" or "Communications 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. "Affiliate" shall have the same meaning defined in Section 153(2) of
the Communications Act, 47 U.S.C. S 153(2).
d. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
e. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
f. "Communications Laws" means, collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to
which Silv is subject by virtue of its business activities, including
but not limited to Section 258 of the Act and Sections 64.1100-64.1195
of the Commission's Rules.
g. "Compliance Plan" means the compliance obligations, programs, and
procedures described in this Consent Decree at paragraph 9.
h. "Consumer Complaint" means any complaint or inquiry Silv receives from
a consumer, a billing aggregator, a local exchange carrier, the Better
Business Bureau, or a federal or state regulatory agency alleging that
Silv has changed the consumer's preferred carrier without
authorization, a practice commonly known as "slamming," or that the
consumer was misled about the nature of Silv's services or identity
during the marketing of such services.
i. "Covered Employees" means all employees and agents of Silv who
perform, or supervise, oversee, or manage the performance of, duties
that relate to Silv's responsibilities under the Slamming Rules and
this Consent Decree, and includes Customer Service Representatives,
Sales Representatives, and Verifiers.
j. "Customer Service Representative" means an individual or entity whom
Silv engages, as an employee, independent contractor, or otherwise, to
address and resolve Consumer Complaints.
k. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
l. "Investigation" means the investigation commenced by the Bureau's
letter of inquiry, dated September 25, 2009,^ regarding Silv's
possible noncompliance with Sections 201 and 258 of the Act and
Section 64.1120 of the Commission's rules.
m. "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by Silv to implement
the Compliance Plan.
n. "Parties" means Silv and the Bureau, each of which is a "Party."
o. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
p. "Sales Representative" means each individual or entity whom Silv
engages, as an employee, independent contractor, or otherwise, to
sell, or attempt to sell, its services.
q. "Silv" or "Company" means Silv Communication Inc., its Affiliates, and
its predecessors-in-interest and successors-in-interest.
r. "Slamming Rules" means the Rules set forth at 47 C.F.R. S 64.1120 et
seq.
s. "Verifier" means each individual or entity whom Silv engages, as an
employee, independent contractor, or otherwise, to verify, or attempt
to verify, that any buyer or potential buyer of a Silv service has, in
fact, authorized the purchase of such service.
t. "Voluntary Contribution" means the payment made by Silv to the United
States Treasury pursuant to this agreement and described at paragraph
14 of this consent decree.
II. BACKGROUND
2. Section 258 of the Act prohibits the practice of "slamming," the
submission or execution of an unauthorized change in a subscriber's
selection of a provider of telephone exchange service or telephone
toll service.^ Under Section 258 of the Act, it is unlawful for any
telecommunications carrier to "submit or execute a change in a
subscriber's selection of a provider of telephone exchange service or
telephone toll service except in accordance with such verification
procedures as the Commission shall prescribe."^ In December 1998, the
Commission adopted rules to implement section 258 of the Act.^
3. Silv is an interexchange carrier, based in Los Angeles, California.
After reviewing numerous informal complaints filed with the Commission
alleging that Silv submitted preferred carrier changes on behalf of
consumers without authorization, the Bureau sent a LOI to Silv on
September 25, 2009.^ The LOI directed Silv to provide information
regarding its telemarketing and third party verification practices, as
well as copies of any complaints Silv received from January 1, 2008,
to the date of the LOI alleging that the preferred carrier for a
consumer's local, intraLATA toll, or long distance services were
changed without the consumer's permission. Silv responded to the
Bureau's LOI on October 22, 2009.^ To clarify the record further, the
Bureau issued a Second LOI to Silv on November 20, 2009.^ Silv
responded to the Second LOI on December 4, 2009,^ and supplemented its
response on December 11, 2009.^ On May 12, 2010, the Commission
released a Notice of Apparent Liability for Forfeiture against Silv,
finding that the Company apparently violated Sections 201(b) and 258
of the Act and Section 64.1120 of the Commission's Rules, and
proposing a monetary forfeiture of $1,480,000.^ On July 19, 2010, Silv
filed a response to the Silv NAL.
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.
5. Jurisdiction. Silv agrees that the Bureau, acting pursuant to
delegated authority, 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 Effective Date as defined herein. Upon
the Effective Date, 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 Commission 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 the
Investigation, Silv agrees to the terms, conditions, and procedures
contained herein. The Bureau further agrees that absent new material
evidence, 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, any new proceeding, formal or
informal, or to take any action on its own motion against Silv
concerning the matters that were the subject of the Investigation or
with respect to Silv's basic qualifications, including its character
qualifications, to be a Commission licensee or hold Commission
authorizations.
8. Compliance Officer. Within sixty (60) calendar days after the
Effective Date, Silv 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 Silv complies with the terms and conditions of the
Compliance Plan and this Consent Decree, including verifying that new
subscriptions are in fact authorized and implementing quality control
improvements in the subscription and customer service process. 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 Slamming Rules prior to
assuming his/her duties.
9. Compliance Plan. For purposes of settling the matters set forth
herein, Silv shall develop and implement a Compliance Plan designed to
ensure future compliance with the Communications Laws, including
Sections 201(b) and 258 of the Act and Sections 64.1100 et seq. of the
Rules, and with the terms and conditions of this Consent Decree. The
Compliance Plan shall include, at a minimum, the following components:
a. Operating Procedures on Slamming. No later than sixty (60) calendar
days after the Effective Date, Silv shall establish Operating
Procedures that all Covered Employees must follow to help ensure
Silv's compliance with this Consent Decree and the Slamming Rules.
b. Sales Representatives and Verifiers. No later than sixty (60) calendar
days after the Effective Date:
i. Scripts. Silv shall have prepared a script for each Sales
Representative and Verifier to use when carrying out his or her
duties as a Sales Representative or Verifier. The script shall
require each Sales Representative and Verifier to clearly and
promptly state to each buyer or potential buyer of Silv's services
upon initiation of the call that the Sales Representative is not
affiliated with the buyer or potential buyer's long distance,
international, or other toll carrier. Further, the script shall
also require each Sales Representative and Verifier to clearly and
promptly state at the outset of the call that the purpose of the
Sales Representative's call is to inquire whether the buyer or
potential buyer wishes to change his or her long distance,
international, or other toll service from his or her current
preferred carrier to Silv. The script shall require each Verifier
to clearly and promptly state at the beginning of the verification
process that the purpose of the call is to confirm the call
recipient's intent to change preferred carriers for his or her
long distance, international, or other toll service, and to obtain
the call recipient's approval to effectuate such change.
ii. Monitoring. Silv shall monitor, on a monthly basis, from both
on-site and remote locations, no less than 70 percent of
real-time sales and verification calls to ensure that Sales
Representatives and Verifiers are carrying out their
responsibilities as required by the Communications Laws and this
Consent Decree.
iii. Training Materials/Sales Compliance Manual. Silv shall have
developed and distributed a Sales Compliance Manual to each
Sales Representative and Verifier. The Sales Compliance Manual
shall set forth and explain the requirements of Slamming Rules
and set forth the Operating Procedures that Sales
Representatives and Verifiers shall follow to help ensure Silv's
compliance with the Slamming Rules. The Sales Compliance Manual
shall prohibit each Sales Representative and each Verifier: from
engaging in any activity that violates the Communications Laws,
including the Slamming Rules; from making any misrepresentation
about a Sales Representative's or Verifier's identity or purpose
in calling; and from making any other deceptive, false, or
misleading statements, including but not limited to any such
statement in connection with Silv's identity, services, rates,
surcharges, terms of service, and conditions of service. The
Sales Compliance Manual shall also set forth the scripts
described in paragraph 9(b)(i). Silv shall periodically review
and revise the Sales Compliance Manual to ensure that the
information set forth therein remains current and complete. Silv
shall distribute any revisions to the Sales Compliance Manual
promptly to all Sales Representatives and Verifiers.
iv. Sales Compliance Training Program. Silv shall have trained each
Sales Representative and each Verifier in accordance with the
Sales Compliance Manual described in paragraph 9(b)(iii).
Starting on the Effective Date, Silv shall not allow any Sales
Representative or Verifier to interact with any buyer or
potential buyer of Silv's service until Silv has trained the
Sales Representative or Verifier, and provided a copy of the
Sales Compliance Manual to such Sales Representative or Verifier.
As part of the Sales Compliance Training Program, Silv shall
advise each Sales Representative and Verifier of Silv's
responsibility to report any noncompliance with the Slamming
Rules under paragraph 10 of this Consent Decree and shall
instruct each Sales Representative and Verifier on how to
disclose noncompliance to the Compliance Officer. Silv shall
conduct the Sales Compliance Training Program at least annually
and shall periodically review and revise Compliance Training
Program as necessary to ensure that it remains current and
complete and to enhance its effectiveness.
c. Customer Service Representatives. No later than sixty (60) calendar
days after the Effective Date:
i. General Duty. Silv shall require, within twenty-four hours of
receipt of a Consumer Complaint, a Customer Service Representative
shall contact the complainant and assist him or her in
re-establishing service with his or her preferred carrier. A
Customer Service Representative shall also assist each complainant
in obtaining, as promptly as possible, a full credit or refund for
all charges (both recurring and non-recurring charges) the
complainant incurred in connection with any change to his or her
telephone service which was not authorized by the complainant, or
where a Sales Representative or Verifier made a deceptive, false,
or misleading statement to the complainant.
ii. Customer Service Compliance Manual. Silv shall have developed and
distributed a Customer Service Compliance Manual to each Customer
Service Representative then engaged by Silv. The Customer Service
Compliance Manual shall set forth and explain the requirements of
Slamming Laws and set forth the Operating Procedures that
Customer Service Representatives shall follow to help ensure
Silv's compliance with the Slamming Rules. The Customer Service
Compliance Manual shall set forth the requirements of the
Commission's rules relating to addressing and resolving Consumer
Complaints, and shall prohibit any Customer Service
Representative: from engaging in any activity that violates the
Communications Laws, including the Slamming Rules; and from
making any other deceptive, false, or misleading statement,
including any such statement in connection with Silv's services,
rates, surcharges, terms of service, and conditions of service.
The Customer Service Compliance Manual shall also set forth the
general duty described in paragraph 9(c)(i). Silv shall
periodically review and revise the Customer Service Compliance
Manual to ensure that the information set forth therein remains
current and complete. Silv shall distribute any revisions of the
Customer Service Compliance Manual promptly to all Customer
Service Representatives.
iii. Customer Service Compliance Training Program. Silv shall have
trained all existing Customer Service Representatives in
accordance with the Customer Service Compliance Manual described
in paragraph 9(c)(ii). Starting on the Effective Date, Silv
shall not allow any Customer Service Representative to interact
with any complainant about Silv's service until Silv has trained
the Customer Service Representative and provided a copy of the
Customer Service Training Manual to such Customer Service
Representative. As part of the Compliance Training Program, Silv
shall advise each Customer Service Representative of Silv's
responsibility to report any noncompliance with the Slamming
Rules under paragraph 10 of this Consent Decree and shall
instruct each Customer Service Representative on how to disclose
noncompliance to the Compliance Officer. Silv shall conduct the
Compliance Training Program at least annually and shall
periodically review and revise Compliance Training Program as
necessary to ensure that it remains current and complete and to
enhance its effectiveness.
iv. Record Retention. Silv shall retain for the term of this Consent
Decree and one year thereafter, in an accurate and easy-to-review
format, all documents evidencing or relating to all Consumer
Complaints, including Silv's responses thereto. Copies of these
consumer complaint records must be forwarded electronically to
the Bureau within twenty (20) calendar days from the date of
complaint and updated monthly until resolved. These consumer
complaint records should be submitted electronically to
Kimberly.Wild@fcc.gov. Consumer complaint records shall, at a
minimum, contain the following: all non-privileged writings,
computer records, electronic or email communications, and all
written notes regarding such writings, verbal discussions, and
electronic mail communications, as well as any relevant
recordings made during telephone conversations relating to the
Consumer Complaint.
d. Billing Statements. Beginning on the Effective Date, Silv shall cause
each telephone bill of a customer that sets forth any charge from Silv
to clearly and conspicuously disclose what service the charges are for
and that Silv Communication Inc. has assessed such charge, and, on
each page of a telephone bill that sets forth any such charge, an
accurate and operating toll-free number for customers to call and
speak with a Customer Service Representative regarding issues with, or
questions about, such charges or services.
10. Reporting Noncompliance. Silv shall report any noncompliance with the
Act, and 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 non-compliance; (ii) the steps that Silv has
taken or will take to remedy such non-compliance; (iii) the schedule
on which such remedial actions will be taken; and (iv) the steps that
Silv has taken or will take to prevent the recurrence of any such
non-compliance. All reports of non-compliance shall be submitted to
the Chief, Telecommunications Consumers Division, Enforcement Bureau,
Federal Communications Commission, 445 12^th Street, SW, Rm. 4C-224,
Washington, DC 20554, with a copy submitted electronically to
Kimberly.Wild@fcc.gov.
11. Compliance Reports. Silv shall submit Compliance Reports to the Bureau
three (3), six (6), twelve (12), eighteen (18), twenty-four (24),
thirty (30) and thirty-six (36) months after the Effective Date.
a. Each Compliance Report shall include a detailed description of the
Company's efforts to comply with the terms of the Consent Decree.
b. Each Compliance Report shall include a certification by the Compliance
Officer, as an agent of and on behalf of Silv, stating that the
Compliance Officer has personal knowledge that Silv: (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 10 of this Consent Decree.
c. The Compliance Officer's certification shall be accompanied by a
statement explaining the basis for such certification and must comply
with Section 1.16 of the Commission's rules,^ and be subscribed to as
true under penalty of perjury in substantially the form set forth
therein.
d. The Compliance Report shall also include a detailed description of any
new or additional telecommunications companies owned, in whole or in
part, by any of the present or past owners, shareholders, officers, or
directors of Silv.
e. If the Compliance Officer cannot provide the requisite certification,
the Compliance Officer, as an agent of and on behalf of Silv, shall
provide the Commission with a detailed explanation of the reason(s)
why and describe fully: (i) each instance of non-compliance; (ii) the
steps Silv has taken or will take to remedy such non-compliance,
including the schedule on which the proposed remedial actions will be
taken; and (iii) the steps that Silv has taken or will take to prevent
the recurrence of any such non-compliance, including the schedule on
which such preventive action will be taken.
f. All Compliance Reports shall be submitted to the Chief,
Telecommunications Consumers Division, Enforcement Bureau, Federal
Communications Commission, 445 12^th Street, SW, Rm. 4C-224,
Washington, DC 20554, with copies submitted electronically to
Kimberly.Wild@fcc.gov.
12. Termination Date. The obligations set forth in paragraphs 9 through 11
of this Consent Decree shall expire thirty-six (36) months after the
Effective Date.
13. 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 Silv 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 Silv of the Act or the Commission's
rules.
14. Voluntary Contribution. Silv agrees to make a voluntary contribution
to the United States Treasury in the amount of one million dollars
($1,000,000), such voluntary contribution shall be made in eighteen
(18) monthly installments (each an Installment Payment). The first
Installment Payment in the amount of sixty-five thousand dollars
($65,000) shall be made no later than thirty (30) calendar days after
the Effective Date. Each subsequent Installment Payment shall be in
the amount of fifty-five thousand dollars ($55,000) and shall be
payable on the first day of each month beginning with the second month
following the Effective Date. The eighteenth and last Installment
Payment shall be made no later than eighteen (18) months after the
Effective Date. Silv 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 by Nonpayment (as described
below in paragraph 15), all procedures for collection as permitted by
law may, at the Commission's discretion, be initiated. In addition,
Silv 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. Silv shall also send electronic
notification of payment on the date each payment is made to Johnny
Drake, Telecommunications Consumers Division, Enforcement Bureau,
Federal Communications Commission at Johnny.Drake@fcc.gov. The
payments must be made by check or similar instrument, wire transfer,
or credit card, and must include the NAL Account Number and FRN
referenced in the caption of the Adopting Order. 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 Silv must follow based on the form of payment selected.
* 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.
Contact the Financial Operations Group Help Desk by phone, 1-877-480-3201,
or by e-mail, ARINQUIRIES@fcc.gov, with any questions about methods of
payment.
15. Event of Default by Nonpayment. Silv agrees that an Event of Default
by Nonpayment shall occur upon the failure by Silv to pay the full
amount of any Installment Payment on or before the due date specified
in this Consent Decree.
16. Interest, Charges for Collection, and Acceleration of Maturity Date.
Upon an Event of Default by Nonpayment under this Consent Decree,
automatically and without further notice, the then entire unpaid
amount of the Voluntary Contribution shall accrue interest at a rate
of 15.75% per annum 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, is accelerated
and shall become immediately due and payable, without notice,
presentment, demand, protest, or notice of protest of any kind, all of
which are waived by Silv.
17. Waivers. Silv 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 as defined 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 or Consent Decree, neither Silv nor the
Commission shall contest the validity of the Consent Decree or the
Adopting Order, and Silv shall waive any statutory right to a trial de
novo. Silv 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.
18. Severability. The Parties agree that if any of the provisions of the
Adopting Order or the Consent Decree shall be invalid or
unenforceable, such invalidity or unenforceability shall not
invalidate or render unenforceable the entire Adopting Order or
Consent Decree, but rather the entire Adopting Order or Consent Decree
shall be construed as if not containing the particular invalid or
unenforceable provision or provisions, and the rights and obligations
of the Parties shall be construed and enforced accordingly. 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.
19. Subsequent Rule or Order. The Parties agree that if any provision of
this 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 Silv does not
expressly consent), such provision will be superseded by such Rule or
Commission order.
20. Successors and Assigns. Silv agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
21. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties to the
Investigation. 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 Communications Laws.
22. Modifications. This Consent Decree cannot be modified or amended
without the advance written consent of both Parties.
23. 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.
24. Authorized Representative. The individual signing this Consent Decree
on behalf of Silv represents and warrants that he is authorized by
Silv to execute this Consent Decree and to bind Silv to the
obligations set forth herein. The FCC signatory represents that he is
signing this Consent Decree in his official capacity and that he is
authorized to execute this Consent Decree.
25. 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.
For: Federal Communications Commission
__________________________________________
Robert H. Ratcliffe
Acting Chief
Enforcement Bureau
__________________________________________
Date
For: Silv Communication Inc.
__________________________________________
Golam Ahia
President
__________________________________________
Date
^ This case was formerly assigned the File No. EB-09-TC-443. In January
2011, the Telecommunications Consumers Division assigned a new case
number.
^ 47 U.S.C SS 201(b), 258.
^ 47 C.F.R. S 64.1120.
^ 47 U.S.C. SS 154(i), 154(j), 503(b).
^ 47 C.F.R. SS 0.111, 0.311.
^ This case was formerly assigned the file number EB-09-TC-443. In January
2012, the Telecommunications Consumers Division assigned the case a new
number
^ 47 U.S.C. SS 201(b), 258.
^ 47 C.F.R. S 64.1120.
^ Letter from Kimberly A. Wild, Assistant Division Chief,
Telecommunications Consumers Division, FCC Enforcement Bureau, to Maria
Zepeda, Vice President, Silv Communication Inc. (Sept. 25, 2009) (on file
in EB-TCD-12-00000396) (LOI).
^ 47 U.S.C. S 258(a).
^ Id.
^ See 47 C.F.R. S 64.1120.
^ See supra, note 4.
^ Letter from Andrew O. Isar, Regulatory Consultant to Silv Communication
Inc., to Kimberly A. Wild and Mika Savir (Oct. 22, 2009) (on file in
EB-TCD-12-00000396) (LOI Response).
^ Letter from Kimberly A. Wild, Assistant Division Chief,
Telecommunications Consumers Division, FCC Enforcement Bureau, to Maria
Zepeda, Vice President, Silv Communication Inc. (Nov. 20, 2009) (on file
in EB-TCD-12-00000396) (Second LOI) .
^ Letter from Andrew O. Isar, Regulatory Consultant to Silv Communication
Inc., to Kimberly A. Wild and Mika Savir (Dec. 4, 2009) (on file in
EB-TCD-12-00000396).
^ Email from Maria Zepeda, Vice President, Silv Communication Inc., to
Kimberly A. Wild, Assistant Division Chief, Telecommunications Consumers
Division, FCC Enforcement Bureau (Dec. 11, 2009, 18.36 EDT) (on file in
EB-TCD-12-00000396).
^ Silv Communication Inc. Apparent Liability for Forfeiture, Notice of
Apparent Liability for Forfeiture, 25 FCC Rcd 5178 (2010) (Silv NAL).
^ 47 C.F.R. S 1.16.
^ 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.
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Federal Communications Commission ___________DA 13-1665
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Federal Communications Commission DA 13-1665