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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.
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Federal Communications Commission DA 14-25
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Federal Communications Commission DA 14-25
References
Visible links
1. mailto:Pamela.Kane@fcc.gov
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