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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of NTS Communications, Inc. Apparent Liability for
Forfeiture ) ) ) ) ) ) File No.: EB-09-IH-1219 Acct. No.: 201032080024
FRN: 0004266938
ORDER
Adopted: December 16, 2013 Released: December 17, 2013
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau (Bureau) of the Federal Communications
Commission (Commission) and NTS Communications, Inc. (NTS). The
Consent Decree resolves and terminates an investigation by the
Commission against NTS for apparent violations of Section 254(d) of
the Communications Act of 1934, as amended (Act),^ and Section
54.706(a) of the Commission's rules (Rules),^ regarding required
contributions to the Universal Service Fund.
2. A copy of the Consent Decree negotiated by the Bureau and NTS is
attached hereto and incorporated herein by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigation.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether NTS 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 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 counsel for the NTS, James H. Lister, Esq., Birch,
Horton, Bittner and Cherot, P.C., 1155 Connecticut Ave., NW, Suite
1200, Washington, DC 20036.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
^ 47 U.S.C. S 254(d).
^ 47 C.F.R. S 54.706(a).
^ 47 U.S.C. SS 154(i), 503(b).
^ 47 C.F.R. SS 0.111, 0.311.
Federal Communications Commission DA 13-2348
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Federal Communications Commission DA 13-2348