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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Rubard, LLC d/b/a Centmobile ) ) ) ) ) File No.:
   EB-IHD-13-00012496 Acct. No.: 201432080017 FRN: 0021751052




                                     ORDER

   Adopted: January 17, 2014 Released: January 17, 2014

   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 Rubard, LLC d/b/a Centmobile (Rubard). The
       Consent Decree resolves and terminates an investigation by the
       Commission against Rubard for possible violations of Sections 214,
       222, and 254 of the Communications Act of 1934, as amended (Act),^ and
       Sections 54.706, 54.711, 63.18, 64.1195, 64.2009(e), and 64.5001 of
       the Commission's rules (Rules),^ in connection with Rubard's alleged
       failure to obtain authorization to provide international
       telecommunications service, register its interstate telecommunications
       service with the Commission, make required regulatory filings, make
       required regulatory payments, comply with the rules applicable to
       prepaid calling card providers, and file certifications regarding
       protection of the confidentiality of subscribers' proprietary network
       information.^

    2. A copy of the Consent Decree negotiated by the Bureau and Rubard 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 Rubard 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 Rubard, Patricia J. Paoletta, Esq.,
       Wiltshire & Grannis LLP, 1200 18^th Street, NW, Suite 1200,
       Washington, DC 20036.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Rubard, LLC d/b/a Centmobile ) ) ) ) ) File No.:
   EB-IHD-13-00012496 Acct. No.: 201432080017 FRN: 0021751052




                                 CONSENT DECREE

    1. The Enforcement Bureau (Bureau) of the Federal Communications
       Commission (Commission or FCC) and Rubard, LLC d/b/a Centmobile
       (Rubard) by their authorized representatives, hereby enter into this
       Consent Decree for the purpose of terminating the Bureau's
       investigation into possible violations by Rubard of Sections 214, 222,
       and 254 of the Communications Act of 1934, as amended (Act),^ and
       Sections 54.706, 54.711, 63.18, 64.1195, 64.2009(e), and 64.5001 of
       the Commission's rules (Rules),^ in connection with Rubard's alleged
       failure to obtain authorization to provide international
       telecommunications service, register its interstate telecommunications
       service with the Commission, make required regulatory filings, make
       required regulatory payments, comply with the rules applicable to
       prepaid calling card providers, and file certifications regarding
       protection of the confidentiality of subscribers' proprietary network
       information.^

   I. DEFINITIONS

    8. 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. "Rubard" or the "Company" means Rubard, LLC d/b/a Centmobile and its
       predecessors-in-interest and successors-in-interest.

    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 Rubard is subject by virtue of its business activities.

    g. "Compliance Plan" means the compliance obligations and program
       described in this Consent Decree at paragraph 17.

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

    i. "Effective Date" means the date on which the Bureau releases the
       Adopting Order.

    j. "Federal Regulatory Reporting and Contribution Rules" means Sections
       214, 222, and 254 of the Act,^  Sections 54.706, 54.711, 63.18,
       64.1195, 64.2009(e), and 64.5001 of the Rules,^ and other provisions
       of the Act, the Rules, and Commission orders governing related federal
       regulatory reporting and contribution obligations.

    k. "Investigation" means the investigation commenced by the Bureau's
       December 19, 2012 Letter of Inquiry (LOI)^ regarding whether the
       Company may have violated the Rules that require entities that provide
       interstate Telecommunications Services to file registration
       information; to pay annual regulatory fees; to contribute to the
       Universal Service Fund (USF); to file information as set forth on the
       Telecommunications Reporting Worksheet; and to file certifications
       regarding protection of the confidentiality of subscribers'
       proprietary network information and adherence to the Rules concerning
       contributions to the USF.

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

    m. "Parties" means Rubard and the Bureau, each of which is a "Party."

    n. "Rules" means the Commission's regulations found in Title 47 of the
       Code of Federal Regulations.

    o. "Telecommunications," "Telecommunications Carrier," or
       "Telecommunications Service" have the meanings set forth in Sections
       3(50), 3(51) and 3(53) of the Act, 47 U.S.C. SS 153(50), 153(51),
       153(53).

   II. BACKGROUND

    9. 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 the provision of common
       carrier communications 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.^

   10. Pursuant to Section 64.1195 of the Rules, interstate
       Telecommunications Carriers are required to file registration
       information on FCC Form 499-A.^ Pursuant to Section 254(d) of the Act
       and Sections 54.706 and 54.711 of the Rules, Telecommunications
       Service providers that offer interstate Telecommunications Services
       are required to file annual and quarterly Telecommunications Reporting
       Worksheets (FCC Form 499-A and FCC Form 499-Q) and contribute to the
       federal USF.^

   11. Section 64.5001(c)(3) of the Rules requires that an officer of a
       Telecommunications provider that furnishes a prepaid
       Telecommunications Service submit a quarterly certification to the
       Commission stating that the provider "is making the required Universal
       Service Fund contribution."^ In 2013, the Commission reaffirmed the
       importance of this provision by rejecting a request for complete
       forbearance from this rule.^

   12. Section 222 of the Act and Sections 64.2001-64.2011 of the Rules
       require Telecommunications Carriers to adhere to provisions concerning
       the protection of customer proprietary network information (CPNI).^
       Pursuant to Section 64.2009(e) of the Rules, an officer of a
       Telecommunications Carrier, as an agent of that carrier, must sign and
       file annually on or before March 1 a certification with the Commission
       that (i) reflects that officer's personal knowledge that the carrier
       has established operating procedures sufficient to ensure compliance
       with the Commission's CPNI rules; and (ii) provides information
       concerning any unauthorized release of CPNI.^

   13. Rubard is a Delaware corporation^ that offers domestic and
       international voice calling Telecommunications Services through
       prepaid plans, the accounts for which are established by customers
       directly through Rubard's website.^ The Company provides international
       service through its access numbers and by a call-forwarding feature
       that enables customers to dial a local phone number, which is then
       forwarded to an international destination.^ Customers can replenish
       accounts by adding money to their online accounts with a credit card
       or a debit card.^ Rubard is subject to the requirements discussed in
       paragraphs 3-6, above.

   14. Rubard began offering commercial domestic and international
       Telecommunications Service to the public in April 2011.^ On May 18,
       2012, Rubard filed with the Commission an application for
       international Section 214 authority to provide global facilities-based
       and resale service.^ On May 26, 2012, Rubard filed its 2012 Form 499-A
       with the Universal Service Administrative Company (USAC) for services
       offered in 2011.^ This was the Company's first filing of a Form 499-A
       and thus constituted its registration with the Commission.^

   15. As a provider of prepaid calling Telecommunications Services, Rubard
       is required to make quarterly certifications to the Commission that it
       is in compliance with the Rules regarding contributions to the USF.^
       Each quarterly certification is due no later than the last day of the
       subsequent quarter.^ Since commencement of its operations, Rubard has
       filed four of its quarterly certifications after the filing deadline.^

   16. As a provider of Telecommunications Services, Rubard is obligated to
       file annual CPNI certifications by March 1 of the year following the
       calendar year for which the certification applies.^ Rubard filed its
       CPNI certification for calendar year 2011 on August 2, 2012.^

   17. On July 18, 2012, the International Bureau referred this matter to the
       Bureau for enforcement action.^ On December 19, 2012, the Bureau
       issued the LOI to Rubard.^ Rubard responded to separate portions of
       the Bureau's LOI on January 18, 2013 and February 1, 2013.^

   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. The Company 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 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 Commission  to exercise any rights and remedies
       attendant to the enforcement of a Commission order.

   21. 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 termination of the Investigation,
       Rubard 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
       Rubard concerning the matters that were 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 Rubard with
       respect to Rubard's basic qualifications, including its character
       qualifications, to be a Commission licensee or hold Commission
       licenses or authorizations.

   22. Compliance Officer. Within thirty (30) calendar days after the
       Effective Date, the Company shall designate a senior corporate manager
       with the requisite corporate and organizational authority to serve as
       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 the Company 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 Section 214 of the Act, the Rules that
       implement this provision, and the Federal Regulatory Reporting and
       Contribution Rules prior to assuming his/her duties.

   23. Compliance Plan. For purposes of settling the matters set forth
       herein, the Company 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 of the Act, the Rules that implement this provision,
       and the Federal Regulatory Reporting and Contribution Rules, the
       Company shall implement the following procedures:

    a. Operating Procedures. Within sixty (60) calendar days after the
       Effective Date, the Company shall establish Operating Procedures that
       all Covered Employees must follow to help ensure the Company's
       compliance with Section 214 of the Act, the Rules that implement this
       provision, and the Federal Regulatory Reporting and Contribution
       Rules. The Company's Operating Procedures shall include internal
       procedures and policies specifically designed to ensure that the
       Company complies with Section 214 of the Act, the Rules that implement
       this provision, and the Federal Regulatory Reporting and Contribution
       Rules. The Company shall also develop a Compliance Checklist that
       describes the steps that a Covered Employee must follow to ensure
       compliance with Section 214 of the Act, the Rules that implement this
       provision, and the Federal Regulatory Reporting and Contribution
       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
       Section 214 of the Act, the Rules that implement this provision, and
       the Federal Regulatory Reporting and Contribution Rules, and set forth
       the Operating Procedures that Covered Employees shall follow to help
       ensure the Company's compliance with Section 214 of the Act, the Rules
       that implement this provision, and the Federal Regulatory Reporting
       and Contribution Rules. The Company shall periodically review and
       revise the Compliance Manual as necessary to ensure that the
       information set forth therein remains current and accurate. The
       Company shall distribute any revisions to the Compliance Manual
       promptly to all Covered Employees.

    c. Compliance Training Program. The Company shall establish and implement
       a Compliance Training Program concerning compliance with Section 214
       of the Act, the Rules that implement this provision, the Federal
       Regulatory Reporting and Contribution Rules, and the Operating
       Procedures. As part of the Compliance Training Program, Covered
       Employees shall be advised of the Company's obligation to report any
       noncompliance with Section 214 of the Act, the Rules that implement
       this provision, and the Federal Regulatory Reporting and Contribution
       Rules under paragraph 18 of this Consent Decree and shall be
       instructed on how to disclose noncompliance to the Compliance Officer.
       All Covered Employees shall be trained pursuant to the Compliance
       Training Program within sixty (60) calendar days after the Effective
       Date. 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. The
       Company 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. The Company shall report any noncompliance
       with Section 214 of the Act, the Rules that implement this provision,
       the Federal Regulatory Reporting and Contribution Rules, and the terms
       and conditions of this Consent Decree within fifteen (15) calendar
       days after Rubard's Compliance Officer or any Covered Employee becomes
       aware of the matter (whether from a report from an employee or
       otherwise). Such reports shall include a detailed explanation of (i)
       each instance of noncompliance; (ii) the steps that the Company 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 the
       Company 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, S.W.,
       Washington, D.C. 20554, with a copy submitted electronically to
       Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov, Pamela S. Kane at
       [1]Pamela.Kane@fcc.gov, William A. Kehoe at William.Kehoe@fcc.gov, and
       Robert B. Krinsky at Robert.Krinsky@fcc.gov.

   25. Compliance Reports. The Company 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 the
       Company's efforts during the relevant period to comply with the terms
       and conditions of this Consent Decree, Section 214 of the Act, the
       Rules that implement this provision, and the Federal Regulatory
       Reporting and Contribution Rules. In addition, each Compliance Report
       shall include a certification by the Compliance Officer, as an agent
       of and on behalf of the Company, stating that the Compliance Officer
       has personal knowledge that the Company (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 18 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 therein.^

    c. If the Compliance Officer cannot provide the requisite certification,
       the Compliance Officer, as an agent of and on behalf of the Company,
       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 the Company 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 the Company 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, S.W., Washington, D.C.
       20554, with a copy submitted electronically to Theresa Z. Cavanaugh at
       Terry.Cavanaugh@fcc.gov, Pamela S. Kane at [2]Pamela.Kane@fcc.gov,
       William A. Kehoe at William.Kehoe@fcc.gov, and Robert B. Krinsky at
       Robert.Krinsky@fcc.gov.

   26. Termination Date.  Unless stated otherwise,  the requirements set
       forth in paragraphs 16 through 19 of this Consent Decree shall expire
       thirty-six (36) months after the Effective Date.

   27. 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 the Company 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 the Company with the Communications Laws.

   28. Voluntary Contribution. The Company agrees that it will make a
       voluntary contribution to the United States Treasury in the amount of
       one hundred and eighty-five thousand dollars ($185,000) (Voluntary
       Contribution). Such Voluntary Contribution shall be made in six
       quarterly installments (each an Installment Payment). The first
       Installment Payment in the amount of thirty thousand dollars ($30,000)
       is due within thirty (30) calendar days after the Effective Date
       (Initial Installment Payment Deadline). The balance of the Voluntary
       Contribution will be made in four (4) consecutive payments of thirty
       thousand dollars ($30,000) payable ninety (90) calendar days after the
       Initial Installment Payment Deadline, one hundred and eighty (180)
       calendar days after the Initial Installment Payment Deadline, two
       hundred and seventy (270) calendar days after the Initial Installment
       Payment Deadline, and three hundred and sixty (360) calendar days
       after the Initial Installment Payment Deadline. The sixth and final
       payment of thirty-five thousand dollars ($35,000) is due four hundred
       and fifty (450) calendar days after the Initial Installment Payment
       Deadline (Maturity Date). The Company 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, the Company 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. The
       Company shall also send electronic notification of payment to Theresa
       Z. Cavanaugh at Terry.Cavanaugh@fcc.gov, Pamela S. Kane at
       [3]Pamela.Kane@fcc.gov, William A. Kehoe at William.Kehoe@fcc.gov, and
       Robert B. Krinsky at Robert.Krinsky@fcc.gov on the dates said
       Installment Payments are made. 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.

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

   30. 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 the Company.

   31. Waivers. The Company  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 in this Consent Decree. The Company 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 the Company nor the Commission
       shall contest the validity of the Consent Decree or the Adopting
       Order, and the Company shall waive any statutory right to a trial de
       novo. The Company 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.

   32. 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.

   33. 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 the Company does not expressly
       consent) that provision will be superseded by such Commission rule or
       order.

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

   35. 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.

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

   37. 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.

   38. Authorized Representative. Each Party represents and warrants to the
       other that it has full power and authority to enter into this Consent
       Decree. Each person signing this Consent Decree on behalf of a Party
       hereby represents that he or she is fully authorized by the Party to
       execute this Consent Decree and to bind the Party to its terms and
       conditions.

   39. 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
   ________________________________ Arthur Zaytsev
   Manager
   Rubard, LLC d/b/a Centmobile ________________________________ Date




   ^ This investigation, initiated under File No. EB-12-IH-0968, was
   subsequently assigned to File No. EB-IHD-13-00012496.

   ^ 47 U.S.C. SS 214, 222, 254.

   ^ 47 C.F.R. SS 54.706, 54.711, 63.18, 64.1195, 64.2009(e), 64.5001.

   ^ The Bureau also investigated possible violations by Rubard of 47 C.F.R.
   SS 1.17, 1.65, 1.1154, 1.1157, 43.61, 52.17, 52.32, 63.22, and 64.604.

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

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

   ^ This investigation, initiated under File No. EB-12-IH-0968, was
   subsequently assigned to File No. EB-IHD-13-00012496.

   ^ 47 U.S.C. SS 214, 222, 254.

   ^ 47 C.F.R. SS 54.706, 54.711, 63.18, 64.1195, 64.2009(e), 64.5001.

   ^ The Bureau also investigated possible violations by Rubard of 47 C.F.R.
   SS 1.17, 1.65, 1.1154, 1.1157, 43.61, 52.17, 52.32, 63.22, and 64.604.

   ^ 47 U.S.C. SS 214, 222, 254.

   ^ 47 C.F.R. SS 54.706, 54.711, 63.18, 64.1195, 64.2009(e), 64.5001.

   ^ ^ Letter from Theresa Z. Cavanaugh, Chief, Investigations & Hearings
   Division, FCC Enforcement Bureau, to Patricia J. Paoletta, Esq., Counsel
   to Rubard d/b/a Centmobile, Law Offices of Wiltshire & Grannis LLP (Dec.
   19, 2012) (on file in in EB-IHD-13-00012496) (LOI).

   ^ 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 Telecommc'ns Act of
   1996, Report and Order in CC Docket No. 97-11, Second Memorandum Opinion
   and Order in AAD File No. 98-43, 14 FCC Rcd 11364, 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).

   ^ Id. S 64.1195.

   ^ See 47 U.S.C. S 254(d); 47 C.F.R. SS 54.706, 54.711. Form 499-A must be
   filed on or before April 1 for services offered in the prior calendar
   year; Form 499-Q must be filed quarterly by the first of February, May,
   August, and November. See, e.g., 2013 Instructions to the
   Telecommunications Reporting Worksheet (FCC Form 499-A) at 5, available at
   http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-319222A1.pdf (last
   visited Jan. 7, 2014).

   ^ 47 C.F.R. S 64.5001(c)(3).

   ^ See In the Matter of the Petition of USTelecom for Forbearance Under 47
   U.S.C. S 160(c) from Enforcement of Certain Legacy Telecommunications
   Regulations, Memorandum Opinion and Order and Report and Order and Further
   Notice of Proposed Rulemaking and Second Further Notice of Proposed
   Rulemaking, 28 FCC Rcd 7627, 7709, para. 187 (2013).

   ^ See 47 U.S.C S 222; 47 C.F.R. SS 64.2001-64.2011. Section 222 of the Act
   provides: "Every telecommunications carrier has a duty to protect the
   confidentiality of proprietary information of, and relating to, other
   telecommunications carriers, equipment manufacturers, and customers,
   including telecommunication carriers reselling telecommunications services
   provided by a telecommunications carrier." See also USA Teleport, Inc.,
   Order on Review, 28 FCC Rcd 525 (2013) (Commission denied carrier's
   application for review of the Enforcement Bureau's Memorandum Opinion and
   Order in which the Bureau denied the carrier's petition for
   reconsideration of a Forfeiture Order concerning the carrier's violation
   of the CPNI certification filing requirements); Think 12 Corp. d/b/a Hello
   Depot, Order on Review, 27 FCC Rcd 16618 (2012) (same).

   ^ 47 C.F.R. S 64.2009(e).

   ^ See State of Delaware, Official Website of the First State, Department
   of State, Division of Corporations, Entity Name: Rubard, LLC, File No.
   4910195, available at [4]https://delecorp.delaware.gov/tin/controller
   (last visited Dec. 27, 2013).

   ^ See Letter from Patricia J. Paoletta, Counsel to Rubard, LLC d/b/a
   Centmobile, Law Offices of Wiltshire & Grannis LLP, to James Ball, Chief,
   Policy Division, FCC International Bureau (July 24, 2012), International
   Bureau Filing System (IBFS) File No.: ITC-STA-20120703-00168 (filed July
   3, 2012), available at http://licensing.fcc.gov/myibfs/  (last visited
   Dec. 27, 2013).

   ^ Id.

   ^ Id.

   ^ See Letter from Patricia J. Paoletta, Counsel to Rubard, LLC d/b/a
   Centmobile, Law Offices of Wiltshire & Grannis LLP, to Marlene Dortch, FCC
   Secretary and James Ball, Chief, Policy Division, FCC International Bureau
   at 3, IBFS File No.: ITC-214-20120518-00134 (Apr. 30, 2013), available at
   http://licensing.fcc.gov/myibfs/  (last visited Dec. 27, 2013).

   ^ See Rubard, LLC d/b/a Centmobile, Application for Authority to Provide
   International Global Facilities-based and Resale Authority Pursuant to
   Section 214 of the Communications Act of 1934, as amended, IBFS File No.:
   ITC-214-20120518-00134 (filed May 18, 2012), available at
   http://licensing.fcc.gov/myibfs/  (last visited Dec. 27, 2013).

   ^ See Universal Service Administrative Co., Form 499 - Search Forms,
   available at
   [5]https://efile.univseralservice.org/form499/sorce/search.asp (last
   visited Dec. 31, 2013) (on file in EB-IHD-13-00012496). USAC, among other
   functions, serves as the recipient of and repository for
   Telecommunications Reporting Worksheets (annual Form 499-A and quarterly
   Form 499-Q).

   ^ See 47 C.F.R. S 64.1195.

   ^ See 47 C.F.R. S 64.5001(c)(3); OMB Approves Prepaid Calling Card Order
   Reporting and Certification Rules; All Requirements Now Effective, Public
   Notice, 22 FCC Rcd 2465 (Wireline Comp. Bur. 2007) (OMB Approval PN).

   ^ See OMB Approval PN.

   ^ Rubard's certification for the second quarter of 2011 was due on
   September 30, 2011, but was filed on August 15, 2012. The certification
   for the third quarter of 2011 was due on January 3, 2012, but was filed on
   August 15, 2012. Certification for the fourth quarter of 2011 was due on
   April 2, 2012, but was filed on August 15, 2012. Rubard 's certification
   for the first quarter of 2012 was due on July 2, 2012, but was filed on
   August 15, 2012. See Rubard, LLC d/b/a Centmobile, Section 64.5001(c)(3)
   Filings (on file in in EB-IHD-13-00012496).

   ^ 47 C.F.R. S 64.2009(e).

   ^ See CPNI Certification Home, Search for Certification Statements,
   available at [6]http://apps.fcc.gov/eb/CPNI/index.cfm (last visited Jan.
   2, 2014).

   ^ See E-mail from David Krech, Associate Div. Chief, Policy Division, FCC
   International Bureau to Theresa Z. Cavanaugh, Chief, Hearings and
   Investigations Division, FCC Enforcement Bureau (July 18, 2012, 12:49 EDT)
   (on file in EB-IHD-13-00012496).

   ^ See LOI, supra note 7.

   ^ On January 18, 2013, Rubard responded to a portion of the inquiries in
   the LOI and was granted a request for an extension to February 1, 2013 to
   respond to the remaining inquiries in the LOI. See Letter from Patricia J.
   Paoletta, Esq., Counsel to Rubard d/b/a Centmobile, Law Offices of
   Wiltshire & Grannis LLP to Marlene H. Dortch, FCC Secretary, ATTN: Theresa
   Z. Cavanaugh, Chief, Investigations & Hearings Division, FCC Enforcement
   Bureau and Mindy Little, Attorney Advisor, Investigations & Hearings
   Division, FCC Enforcement Bureau (Jan. 18, 2013) (on file in in
   EB-IHD-13-00012496); Letter from Patricia J. Paoletta, Esq., Counsel to
   Rubard d/b/a Centmobile, Law Offices of Wiltshire & Grannis LLP to Marlene
   H. Dortch, FCC Secretary, ATTN: Theresa Z. Cavanaugh, Chief,
   Investigations & Hearings Division, FCC Enforcement Bureau and Mindy
   Little, Attorney Advisor, Investigations & Hearings Division, FCC
   Enforcement Bureau (Feb. 1, 2013) (on file in in EB-IHD-13-00012496).

   ^ 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.

   (Continued from previous page)

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   Federal Communications Commission DA 14-25

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   Federal Communications Commission DA 14-25

References

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   2. mailto:Pamela.Kane@fcc.gov
   3. mailto:Pamela.Kane@fcc.gov
   4. https://delecorp.delaware.gov/tin/controller
   5. https://efile.univseralservice.org/form499/sorce/search.asp
   6. http://apps.fcc.gov/eb/CPNI/index.cfm