Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                              Washington, DC 20554

   In the Matter of FTTH Communications, LLC ) ) ) ) ) File No.:
   EB-10-IH-4243 Acct. No.: 201332080009 FRN: 0007719230




                                     ORDER

   Adopted: May 14, 2013 Released: May 14, 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 FTTH Communications, LLC (FTTH). The
       Consent Decree resolves and terminates the Bureau's investigation into
       FTTH's compliance with Section 214 of the Communications Act of 1934,
       as amended (Act),^ and Section 63.18 of the Commission's rules
       (Rules)^ pertaining to authorization to provide facilities-based and
       resold international common carrier communications services.

    2. A copy of the Consent Decree that the Bureau and FTTH negotiated 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 FTTH 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 Jeffrey Feldman, Chief Executive Officer, FTTH
       Communications, LLC, 2930 146^th Street W, Rosemount, MN 55068.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of FTTH Communications, LLC ) ) ) ) ) File No.:
   EB-10-IH-4243 Acct. No.: 201332080009 FRN: 0007719230




                                 CONSENT DECREE

    1. The Enforcement Bureau of the Federal Communications Commission and
       FTTH Communications, LLC, by their authorized representatives, hereby
       enter into this Consent Decree for the purpose of terminating the
       Enforcement Bureau's investigation into possible violations of Section
       214 of the Communications Act of 1934, as amended,^ and Section 63.18
       of the Commission's rules^ concerning authorization to provide
       facilities-based and resold international common carrier
       communications services.

   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 FTTH is subject by virtue of its business activities.

    f. "Compliance Plan" means the compliance obligations and program
       described in this Consent Decree at paragraph 12.

    g. "Covered Employees" means all employees and agents of FTTH who
       perform, or supervise, oversee, or manage the performance of, duties
       that relate to FTTH's responsibilities under the Communications Laws,
       including Section 214 of the Act and the Rules that implement this
       provision.

    h. "Effective Date" means the date on which the Commission releases the
       Adopting Order.

    i. "FTTH" or the "Company" means FTTH Communications, LLC and its
       predecessors-in-interest and successors-in-interest.

    j. "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 FTTH's obligation to obtain Commission
       authorization before providing facilities-based or resold
       international common carrier services.^

    k. "Operating Procedures" means the standard, internal operating
       procedures and compliance policies established by FTTH to implement
       the Compliance Plan.

    l. "Parties" means FTTH 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. "Section 214 Rules" means Section 214 of the Act and other
       Communications Laws governing the construction, acquisition,
       operation, or transmission of lines of communication, including any
       Rules implementing Section 214 and any related Commission orders.

   II. BACKGROUND

    3. Section 214(a) of the Act prohibits any carrier from constructing,
       extending, acquiring, or operating any line, and from engaging in
       transmission through any such line, without first obtaining a
       certificate of authorization from the Commission.^ While the
       Commission has granted "blanket" Section 214 authority to carriers
       providing domestic service,^ meaning that such carriers need not apply
       to the Commission before providing domestic service, the Commission
       has not done the same for providers of international
       telecommunications services.^ Section 63.18 of the Rules requires any
       carrier that seeks Section 214 authority "for provision of common
       carrier communication services between the United States, its
       territories or possessions, and a foreign point" to request such
       authority by application.^ This application requirement applies to
       carriers that resell the international services of another authorized
       carrier, as well as to facilities-based international service
       providers.^

    4. FTTH is a Minnesota limited liability company that provides
       telecommunications services.^ FTTH is owned by Everest FTTH
       Acquisition, LLC (Everest), a Delaware limited liability company based
       in New Jersey. ^ ^ In 2010, Everest acquired FTTH from Rudder Capital
       Corporation (Rudder), a Minnesota corporation.^ During the course of
       the acquisition process, but prior to consummation of the transfer of
       control of FTTH from Rudder to Everest, Everest and FTTH discovered
       that FTTH had provided international telecommunications services to
       its customers in Minnesota without having obtained Commission
       authority to do so, as required by Section 214(a) of the Act and
       Section 63.18 of the Rules.^ On January 29, 2010, FTTH filed an
       application with the Commission's International Bureau (IB) for
       authority to provide facilities-based and resale international
       telecommunications services.^ On the same day, FTTH and Everest
       jointly filed applications with the Wireline Competition Bureau and IB
       for Special Temporary Authority (STA) that would permit FTTH to
       provide international Section 214 services and for the transfer of
       control of international Section 214 authority from FTTH to Everest.^

    5. On February 2, 2010, IB granted an STA providing FTTH with
       international Section 214 authority. On that same day, IB granted an
       STA allowing the transfer of FTTH's international Section 214
       authority from Rudder to Everest.^ On March 5, 2010, IB granted FTTH's
       application for permanent authority to provide international Section
       214 facilities-based and resale services, and the application for
       Rudder to transfer control of Section 214 authority held by FTTH to
       Everest.^ IB granted FTTH international Section 214 authority "without
       prejudice to any enforcement action by the Commission for
       non-compliance" with the Act or the Rules.^ Thereafter, the matter was
       referred to the Bureau, which commenced its investigation. On November
       1, 2010, the Bureau issued a Letter of Inquiry to Everest regarding
       the matters recited above.^

    6. On September 14, 2011, the Bureau issued a Notice of Apparent
       Liability for Forfeiture to FTTH (FTTH NAL) for failing to obtain an
       international Section 214 authorization before providing international
       telecommunications service.^ The FTTH NAL proposed a $100,000
       forfeiture.^ FTTH submitted financial data documenting its inability
       to pay the proposed forfeiture.^

   III. TERMS OF AGREEMENT

    7. 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.

    8.  Jurisdiction. FTTH 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.

    9. Effective Date; Violations. The Parties agree that this Consent Decree
       shall become effective on the Effective Date as defined herein. As of
       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 Bureau  to exercise any rights and remedies attendant to
       the enforcement of a Commission Order.

   10. 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 the
       Investigation. In consideration for the termination of said
       Investigation, FTTH 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 FTTH
       concerning the matter that was the subject 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 FTTH with respect to FTTH's basic
       qualifications, including its character qualifications, to be a
       Commission licensee or hold Commission authorizations.

   11. Compliance Officer. Within thirty (30) calendar days after the
       Effective Date, FTTH 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 FTTH 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 prior to assuming his/her
       duties.

   12. Compliance Plan. For purposes of settling the matters set forth
       herein, FTTH 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 and
       with the terms and conditions of this Consent Decree. With respect to
       the Section 214 Rules, FTTH shall implement the following procedures:

     a. Operating Procedures. Within sixty (60) calendar days after the
        Effective Date, FTTH shall establish Operating Procedures that all
        Covered Employees must follow to help ensure FTTH's compliance with
        the Section 214 Rules. FTTH shall include internal procedures and
        policies specifically designed to ensure that FTTH complies with the
        Section 214 Rules. FTTH shall also develop a Compliance Checklist
        that describes the steps that a Covered Employee must follow to
        ensure compliance with the Section 214 Rules.

     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 Section 214 Rules, and set forth the Operating
        Procedures that Covered Employees shall follow to help ensure FTTH's
        compliance with the Section 214 Rules. FTTH shall periodically review
        and revise the Compliance Manual as necessary to ensure that the
        information set forth therein remains current and accurate. FTTH
        shall distribute any revisions to the Compliance Manual promptly to
        Covered Employees.

     c. Compliance Training Program. FTTH shall  establish and implement a
        Compliance Training Program on compliance with the Section 214 Rules
        and the Operating Procedures. As part of the Compliance Training
        Program, Covered Employees shall be advised of FTTH's obligation to
        report any noncompliance with the Section 214 Rules under paragraph
        13 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 after the Initial Training Program shall
        be trained within thirty (30) calendar days after the date such
        person becomes a Covered Employee. FTTH 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.

   13. Reporting Noncompliance. FTTH shall report any noncompliance with the
       Section 214 Rules 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 FTTH 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 FTTH 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 and Robert B. Krinsky at
       Robert.Krinsky@fcc.gov. The reporting obligations set forth in this
       paragraph shall expire thirty-six (36) months after the Effective
       Date.

   14. Compliance Reports. FTTH 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 FTTH's
       efforts during the relevant period to comply with the terms and
       conditions of this Consent Decree and the Section 214 Rules. In
       addition, each Compliance Report shall include a certification by the
       Compliance Officer, as an agent of and on behalf of FTTH, stating that
       the Compliance Officer has personal knowledge that FTTH (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 13 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 FTTH, 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 FTTH 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 FTTH 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 and Robert B. Krinsky at
       Robert.Krinsky@fcc.gov.

   15. Termination Date. Unless stated otherwise, the requirements set forth
       in paragraphs 11 through 14 of this Consent Decree shall expire
       thirty-six (36) months after the Effective Date

   16. 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 FTTH 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 FTTH with the Communications Laws.

   17. Voluntary Contribution. FTTH agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of fifteen
       thousand dollars ($15,000.00) (Voluntary Contribution). Due to FTTH'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 two thousand dollars ($2,000.00)
       is due on June 1, 2013. The second Installment Payment in the amount
       of one thousand dollars ($1,000.00) is due on July 1, 2013.
       Thereafter, an Installment Payment of one thousand dollars ($1,000) is
       due on the first day of each consecutive succeeding month for twelve
       months. The final Installment Payment in the amount of one thousand
       dollars ($1,000.00) is due on July 1, 2014 (Maturity Date). FTTH
       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, FTTH 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. FTTH shall also send electronic notification of
       payment to Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov and Robert
       B. Krinsky at Robert.Krinsky@fcc.gov on the date said Installment
       Payments are made.

   18. Installment Payments 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, ARINQUIRIES@fcc.gov.

   19. Event of Default. FTTH agrees that an Event of Default shall occur
       upon the failure by FTTH to pay the full amount of any Installment
       Payment on or before the due date specified in this Consent Decree.

   20. 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 FTTH.

   21. Waivers. FTTH 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. FTTH 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 FTTH nor the Commission shall
       contest the validity of the Consent Decree or the Adopting Order, and
       FTTH shall waive any statutory right to a trial de novo. FTTH 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.

   22. 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.

   23. 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 FTTH does not expressly consent)
       that provision will be superseded by such Commission rule or order.

   24. Successors and Assigns. FTTH agrees that the provisions of this
       Consent Decree shall be binding on its successors, assigns, and
       transferees.

   25. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties with
       respect 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.

   26. Modifications. This Consent Decree cannot be modified without the
       advance written consent of both Parties.

   27. 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.

   28. Authorized Representative. Each Party represents and warrants to the
       other that it has full power and authority to enter into this Consent
       Decree. 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.

   29. 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
   ________________________________ Jeffrey Feldman Chief Executive Officer
   FTTH Communications, LLC ________________________________ Date




   ^ 47 U.S.C. S 214

   ^ 47 C.F.R. S 63.18.

   ^ 47 U.S.C. SS 154(i), 503(b).

   ^ 47 C.F.R. SS 0.111, 0.311.

   ^ 47 U.S.C. S 214.

   ^ 47 C.F.R. S 63.18.

   ^ 47 U.S.C. S 214; 47 C.F.R. Part 63.

   ^ 47 U.S.C. S 214(a).

   ^ 47 C.F.R. S 63.01(a) ("Any party that would be a domestic interstate
   communications common carrier is authorized to provide domestic,
   interstate services to any domestic point and to construct or operate any
   domestic transmission line as long as it obtains all necessary
   authorizations from the Commission for use of radio frequencies.").

   ^ See 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 & Order
   in AAD File No. 98-43, 14 FCC Rcd 11364, para. 2 & n.8 (1999) (grant of
   blanket authority is only for domestic service and does not extend to
   international service).

   ^ 47 C.F.R. S 63.18.

   ^ Id. S 63.18(e)(1)-(2); see Start Wireless Group, Inc. d/b/a/ Page Plus
   Cellular, Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 350
   (Enf. Bur. 2012).

   ^ See Application for Global Authority Pursuant to Section 214 of the
   Communications Act of 1934, as amended, to Operate as an International
   Facilities-Based and Resale Carrier Between the United States and Various
   International Points, Int'l. Bur. Filing System (IBFS) Application No.
   ITC-214-20100129-00025, at 2 (filed Jan. 29, 2010) (FTTH Section 214
   Authorization Application).

   ^ See Application of FTTH Communications, LLC and Everest FTTH Acquisition
   LLC for Transfer of Control of International Section 214 Authorization,
   IBFS Application No. ITC-T/C-20100201-00073, at 2 (filed Feb. 1, 2010).

   ^ Id. at 3, 6.

   ^ See FTTH Section 214 Authorization Application at 1 n.1; Letter from
   Jean L. Kidoo and Danielle Burt, Bingham McCutchen LLP, Counsel for
   Everest Acquisition, LLC and FTTH, LLC, to Marlene H. Dortch, Secretary,
   FCC (Jan. 29, 2010).

   ^ See FTTH Section 214 Authorization Application.

   ^ See FTTH International Section 214 STA Application,  Request for Special
   Temporary Authority, IBFS Application No. ITC-STA-20100129-00024 (filed
   Jan. 29, 2010).

   ^ See record of action by Int'l Bur. in FTTH STA Application available
   through IBFS at http://licensing.fcc.gov/ myibfs/.

   ^ See International Authorizations Granted, Section 214 Applications, DA
   No. 10-412, Public Notice, 25 FCC Rcd 2337 (Int'l Bur. 2010).

   ^ Id.

   ^ See Letter from Hillary S. DeNigro, Chief, Investigations & Hearings
   Division, FCC Enforcement Bureau, to Jean L. Kidoo and Danielle Burt,
   Bingham McCutchen LLP, Counsel for Everest Acquisition, LLC and FTTH
   Communications, LLC (Nov. 1, 2010).

   ^ See FTTH Communications, LLC, Notice of Apparent Liability for
   Forfeiture, 26 FCC Rcd 12890 (Enf. Bur. 2011).

   ^ Id. at 12894, para. 10.

   ^ See E-mail from Jeffrey Feldman, Chief Executive Officer, FTTH
   Communications, LLC, to Theresa Z. Cavanaugh, Chief, Investigations and
   Hearings Div., FCC Enforcement Bureau; Pamela S. Kane, Deputy Chief,
   Investigations and Hearings Div., FCC Enforcement Bureau; and Robert B.
   Krinsky, Attorney Advisor, Investigations and Hearings Div., FCC
   Enforcement Bureau (Feb. 22, 2012, 11:41 EDT).

   ^ 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 13-7

                                       2

   Federal Communications Commission DA 13-7