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Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of United Telecom, Inc. ) ) ) ) ) ) File No.:
EB-TCD-12-00000800 Acct. No.: 201332170007 FRN: 0013390000
ORDER
Adopted: January 31, 2014 Released: January 31, 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 United Telecom, Inc. (United or Company). The
Consent Decree terminates the investigation initiated by the Bureau
regarding United's compliance with Sections 201(b) and 258 of the
Communications Act of 1934, as amended,^ and Section 64.1120 of the
Commission's rules.^
2. The Bureau and United have negotiated the terms of the Consent Decree
that resolves this matter. A copy of the Consent Decree is attached hereto
and incorporated 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 the Bureau's investigation raises no substantial or material
questions of fact as to whether United possesses the basic qualifications,
including those related to character, to hold or obtain any Commission
license, certification, or authorization.
5. Accordingly, IT IS ORDERED, pursuant to Section 4(i), 4(j) and 503(b)
of the Communications Act of 1934, as amended,^ and Sections 0.111 and
0.311 of the Commission's rules,^ the attached Consent Decree IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned matter 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 Cheng-Yi Liu, Fletcher, Heald & Hildreth, 1300 North 17^th
Street, 11^th Floor, Arlington, VA 22209.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of United Telecom, Inc. ) ) ) ) ) ) File No.:
EB-TCD-12-00000800 NAL/Account No.: 201332170007 FRN: 0013390000
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission, and
United Telecom, Inc., by their authorized representatives, hereby enter
into this Consent Decree for the purpose of terminating the Bureau's
investigation into potential violations by United Telecom, Inc. of
Sections 201(b) and 258 of the Communications Act of 1934, as amended,^
and Section 64.1120 of the Commission's rules.^
I. DEFINITIONS
1. For the purposes of this Consent Decree, the following definitions
shall apply:
a. "Act" or "Communications Act" means the Communications Act of 1934, as
amended, 47 U.S.C. S 151 et seq.
b. "Adopting Order" means an Order of the Bureau adopting the terms of
this Consent Decree without change, addition, deletion, or
modification.
c. "Affiliate" shall have the same meaning defined in Section 153(2) of
the Communications Act, 47 U.S.C. S 153(2).
d. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
e. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
f. "Communications Laws" means collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to
which United is subject by virtue of its business activities,
including but not limited to Sections 201 and 258 of the Act and
Sections 64.1100-64.1195 of the Commission's Rules.
g. "Compliance Plan" means the compliance obligations, programs, and
procedures described in this Consent Decree at paragraph 9.
h. "Consumer Complaint" means any complaint or inquiry United receives
from a consumer, a billing aggregator, a local exchange carrier, the
Better Business Bureau, or a federal or state regulatory agency
alleging that United has changed the consumer's preferred carrier
without authorization, a practice commonly known as "slamming," or
that the consumer was misled about the nature of United's services or
identity during the marketing of such services.
i. "Covered Employees" means all employees and agents of United who
perform, or supervise, oversee, or manage the performance of, duties
that relate to United's responsibilities under the Slamming Rules and
this Consent Decree, and includes Customer Service Representatives,
Sales Representatives, and Verifiers.
j. "Customer Service Representative" means an individual or entity whom
United engages, as an employee, independent contractor, or otherwise,
to address and resolve Consumer Complaints.
k. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
l. "Investigation" means the investigation commenced by the Bureau's
Letter of Inquiry (LOI), dated February 21, 2012,^ regarding United's
possible noncompliance with Sections 201 and 258 of the Act and
Section 64.1120 of the Commission's rules.
m. "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by United to implement
the Compliance Plan.
n. "Parties" means United and the Bureau, each of which is a "Party."
o. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
p. "Sales Representative" means each individual or entity whom United
engages, as an employee, independent contractor, or otherwise, to
sell, or attempt to sell, its services.
q. "United" or "Company" means United Telecom, Inc., its Affiliates, and
its predecessors-in-interest and successors-in-interest.
r. "Slamming Rules" means the Rules set forth at 47 C.F.R. S 64.1120 et
seq.
s. "Verifier" means each individual or entity whom United engages, as an
employee, independent contractor, or otherwise, to verify, or attempt
to verify, that any buyer or potential buyer of a United service has,
in fact, authorized the purchase of such service.
t. "Voluntary Contribution" means the payment made by United to the
United States Treasury pursuant to this agreement and described at
paragraph 14 of this consent decree.
II. BACKGROUND
2. Under Section 258 of the Act, it is unlawful for any
telecommunications carrier to "submit or execute a change in a
subscriber's selection of a provider of telephone exchange service or
telephone toll service except in accordance with such verification
procedures as the Commission shall prescribe."^ In December 1998, the
Commission adopted rules to implement Section 258 of the Act.^ These
Slamming Rules require a carrier to obtain a subscriber's
authorization to change the subscriber's telecommunications carrier
and to verify the authorization through a third party prior to
submitting or executing that change.
3. United is an interexchange carrier, based in Los Angeles, California.
After reviewing numerous informal complaints filed with the Commission
alleging that United submitted preferred carrier changes on behalf of
consumers without authorization, the Bureau sent a LOI to United on
February 21, 2012.^ The LOI directed United to provide information
regarding both its telemarketing and third party verification
practices, as well as copies of any complaints United received from
April 1, 2011, to the date of the LOI alleging that the preferred
carrier for a consumer's local, intraLATA toll, or long distance
services were changed without the consumer's permission. United
responded to the Bureau's LOI on March 29, 2012.^ United supplemented
its response on May 4, 2012.^ On December 20, 2012, the Commission
released a Notice of Apparent Liability for Forfeiture against
United, finding that the Company apparently violated Sections 201 and
258 of the Act and Section 64.1120 of the Commission's Rules, and
proposing a monetary forfeiture of $1,040,000.^ On February 19, 2013,
United filed a response to the United NAL.
III. TERMS OF AGREEMENT
4. Adopting Order. The Parties agree that the provisions of this Consent
Decree shall be subject to final approval by the Bureau by
incorporation of such provisions by reference in the Adopting Order.
5. Jurisdiction. United agrees that the Bureau acting pursuant to
delegated authority has jurisdiction over it and the matters contained
in this Consent Decree, and has the authority to enter into and adopt
this Consent Decree.
6. Effective Date; Violations. The Parties agree that this Consent Decree
shall become effective on the Effective Date as defined herein. Upon
the Effective Date, the Adopting Order and this Consent Decree shall
have the same force and effect as any other order of the Commission.
Any violation of the Adopting Order or of the terms of this Consent
Decree shall constitute a separate violation of a Commission order,
entitling the Commission to exercise any rights and remedies attendant
to the enforcement of a Commission order.
7. Termination of Investigation. In express reliance on the covenants and
representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate its
Investigation. In consideration for the termination of the
Investigation, United agrees to the terms, conditions, and procedures
contained herein. The Bureau further agrees that absent new material
evidence, it will not use the facts developed in the Investigation
through the Effective Date, or the existence of this Consent Decree,
to institute, on its own motion, any new proceeding, formal or
informal, or to take any action on its own motion against United
concerning the matters that were the subject of the Investigation or
with respect to United's basic qualifications, including its character
qualifications, to be a Commission licensee or hold Commission
authorizations.
8. Compliance Officer. Within thirty (30) calendar days after the
Effective Date, United 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 United complies with the terms and conditions of the
Compliance Plan and this Consent Decree, including verifying that new
subscriptions are in fact authorized and implementing quality control
improvements in the subscription and customer service process. In
addition to the general knowledge of the Communications Laws necessary
to discharge his/her duties under this Consent Decree, the Compliance
Officer shall have specific knowledge of the Slamming Rules prior to
assuming his/her duties.
9. Compliance Plan. For purposes of settling the matters set forth
herein, United shall develop and implement a Compliance Plan designed
to ensure future compliance with the Communications Laws, including
Sections 201(b) and 258 of the Act and Sections 64.1100 et seq. of the
Rules, and with the terms and conditions of this Consent Decree. The
Compliance Plan shall include, at a minimum, the following components:
a. Operating Procedures on Slamming. No later than thirty (30) calendar
days after the Effective Date, United shall establish Operating
Procedures that all Covered Employees must follow to help ensure
United's compliance with this Consent Decree and the Slamming Rules.
b. Sales Representatives and Verifiers. No later than sixty (60) calendar
days after the Effective Date:
i. Scripts. United shall have prepared a script for each Sales
Representative and Verifier to use when carrying out his or her
duties as a Sales Representative or Verifier. The script shall
require each Sales Representative and Verifier to clearly and
promptly state to each buyer or potential buyer of United's
services upon initiation of the call that the Sales Representative
is not affiliated with the buyer or potential buyer's long
distance, international, or other toll carrier. Further, the
script shall also require each Sales Representative and Verifier
to clearly and promptly state at the outset of the call that the
purpose of the Sales Representative's call is to inquire whether
the buyer or potential buyer wishes to change his or her long
distance, international, or other toll service from his or her
current preferred carrier to United. The script shall require each
Verifier to clearly and promptly state at the beginning of the
verification process that the purpose of the call is to confirm
the call recipient's intent to change preferred carriers for his
or her long distance, international, or other toll service, and to
obtain the call recipient's approval to effectuate such change.
ii. Monitoring. United shall implement procedures to regularly
monitor, from both on-site and remote locations, sales and
verification calls to ensure that Sales Representatives and
Verifiers are carrying out their responsibilities as required by
the Communications Laws and this Consent Decree.
iii. Training Materials/ Sales Compliance Manual. United shall have
developed and distributed a Sales Compliance Manual to each
Sales Representative and Verifier. The Sales Compliance Manual
shall set forth and explain the requirements of Slamming Rules
and set forth the Operating Procedures that Sales
Representatives and Verifiers shall follow to help ensure
United's compliance with the Slamming Rules. The Sales
Compliance Manual shall prohibit each Sales Representative and
each Verifier from engaging in any activity that violates the
Communications Laws, including the Slamming Rules; from making
any misrepresentation about a Sales Representative's or
Verifier's identity or purpose in calling; and from making any
other deceptive, false, or misleading statements, including but
not limited to any such statement in connection with United's
identity, services, rates, surcharges, terms of service, and
conditions of service. The Sales Compliance Manual shall also
set forth the scripts described in paragraph 9(b)(i). United
shall periodically review and revise the Sales Compliance Manual
to ensure that the information set forth therein remains current
and complete. United shall distribute any revisions to the Sales
Compliance Manual promptly to all Sales Representatives and
Verifiers.
iv. Sales Compliance Training Program. United shall have trained each
Sales Representative and each Verifier in accordance with the
Sales Compliance Manual described in paragraph 9(b)(iii).
Starting on the Effective Date, United shall not allow any Sales
Representative or Verifier to interact with any buyer or
potential buyer of United's service until United has trained the
Sales Representative or Verifier, and provided a copy of the
Sales Compliance Manual to such Sales Representative or Verifier.
As part of the Sales Compliance Training Program, United shall
advise each Sales Representative and Verifier of United's
responsibility to report any noncompliance with the Slamming
Rules under paragraph 10 of this Consent Decree and shall
instruct each Sales Representative and Verifier on how to
disclose noncompliance to the Compliance Officer. United shall
conduct the Sales Compliance Training Program at least annually
and shall periodically review and revise Compliance Training
Program as necessary to ensure that it remains current and
complete and to enhance its effectiveness.
c. Customer Service Representatives. No later than (30) thirty calendar
days after the Effective Date:
i. General Duty. United shall require, within twenty-four hours of
receipt of a Consumer Complaint, a Customer Service Representative
shall contact the complainant, and assist him or her in
re-establishing service with his or her preferred carrier. A
Customer Service Representative shall also assist each complainant
in obtaining, as promptly as possible, a full credit or refund for
all charges (both recurring and non-recurring charges) the
complainant incurred in connection with any change to his or her
telephone service which was not authorized by the complainant, or
where a Sales Representative or Verifier made a deceptive, false,
or misleading statement to the complainant.
ii. Customer Service Compliance Manual. United shall have developed
and distributed a Customer Service Compliance Manual to each
Customer Service Representative then engaged by United. The
Customer Service Compliance Manual shall set forth and explain
the requirements of the Slamming Rules and set forth the
Operating Procedures that Customer Service Representatives shall
follow to help ensure United's compliance with the Slamming
Rules. The Customer Service Compliance Manual shall set forth the
requirements of the Commission's rules relating to addressing and
resolving Consumer Complaints, and shall prohibit any Customer
Service Representative from engaging in any activity that
violates the Communications Laws, including the Slamming Rules;
and from making any other deceptive, false, or misleading
statement, including any such statement in connection with
United's services, rates, surcharges, or terms of service and
conditions of service. The Customer Service Compliance Manual
shall also set forth the general duty described in paragraph
9(c)(i). United shall periodically review and revise the Customer
Service Compliance Manual to ensure that the information set
forth therein remains current and complete. United shall
distribute any revisions of the Customer Service Compliance
Manual promptly to all Customer Service Representatives.
iii. Customer Service Compliance Training Program. United shall have
trained all existing Customer Service Representatives in
accordance with the Customer Service Compliance Manual described
in paragraph 9(c)(ii). Starting on the Effective Date, United
shall not allow any Customer Service Representative to interact
with any complainant about United's service until United has
trained the Customer Service Representative and provided a copy
of the Customer Service Training Manual to such Customer Service
Representative. As part of the Compliance Training Program,
United shall advise each Customer Service Representative of
United's responsibility to report any noncompliance with the
Slamming Rules under paragraph 10 of this Consent Decree and
shall instruct each Customer Service Representative on how to
disclose noncompliance to the Compliance Officer. United shall
conduct the Compliance Training Program at least annually and
shall periodically review and revise Compliance Training Program
as necessary to ensure that it remains current and complete and
to enhance its effectiveness.
iv. Record Retention. United shall retain for the term of this
Consent Decree and one year thereafter, in an accurate and
easy-to-review format, all documents evidencing or relating to
all Consumer Complaints, including United's responses thereto.
Copies of these consumer complaint records must be forwarded
electronically to the Bureau within twenty (20) calendar days
from the date of complaint and updated monthly until resolved.
These consumer complaint records should be submitted
electronically to Kimberly.Wild@fcc.gov. Consumer complaint
records shall at a minimum contain the following: all
non-privileged writings, computer records, electronic or email
communications, and all written notes regarding such writings,
verbal discussions, and electronic mail communications, as well
as any relevant recordings made during telephone conversations
relating to the Consumer Complaint.
d. Billing Statements. Beginning on the Effective Date, United shall
cause each telephone bill of a customer that sets forth any charge
from United to clearly and conspicuously disclose what service the
charges are for and that United Telecom, Inc. has assessed such
charge, and, on each page of a telephone bill that sets forth any such
charge, an accurate and operating toll-free number for customers to
call and speak with a Customer Service Representative regarding issues
with, or questions about, such charges or services.
10. Reporting Noncompliance. United shall report any noncompliance with
the Act and the Rules and with the terms and conditions of this
Consent Decree within fifteen (15) calendar days after discovery of
such noncompliance. Such reports shall include a detailed explanation
of (i) each instance of non-compliance; (ii) the steps that United has
taken or will take to remedy such non-compliance; (iii) the schedule
on which such remedial actions will be taken; and (iv) the steps that
United has taken or will take to prevent the recurrence of any such
non-compliance. All reports of non-compliance shall be submitted to
the Chief, Telecommunications Consumers Division, Enforcement Bureau,
Federal Communications Commission, 445 12^th Street, SW, Rm. 4C-224,
Washington, DC 20554, with a copy submitted electronically to
Kimberly.Wild@fcc.gov.
11. Compliance Reports. United shall submit Compliance Reports to the
Bureau three (3), six (6), twelve (12), eighteen (18), twenty-four
(24), thirty (30) and thirty-six (36) months after the Effective Date.
a. Each Compliance Report shall include a detailed description of the
Company's efforts to comply with the terms of the Consent Decree.
b. Each Compliance Report shall include a certification by the Compliance
Officer, as an agent of and on behalf of United, stating that the
Compliance Officer has personal knowledge that United (i) has
established and implemented the Compliance Plan; (ii) has utilized the
Operating Procedures since the implementation of the Compliance Plan;
and (iii) is not aware of any instances of noncompliance with the
terms and conditions of this Consent Decree, including the reporting
obligations set forth in paragraph 10 of this Consent Decree.
c. The Compliance Officer's certification shall be accompanied by a
statement explaining the basis for such certification and must comply
with Section 1.16 of the Commission's rules,^ and be subscribed to as
true under penalty of perjury in substantially the form set forth
therein.
d. The Compliance Report shall also include a detailed description of any
new or additional telecommunications companies owned, in whole or in
part, by any of the present or past owners, shareholders, officers, or
directors of United.
e. If the Compliance Officer cannot provide the requisite certification,
the Compliance Officer, as an agent of and on behalf of United, shall
provide the Commission with a detailed explanation of the reason(s)
why and describe fully (i) each instance of non-compliance; (ii) the
steps United has taken or will take to remedy such non-compliance,
including the schedule on which the proposed remedial actions will be
taken; and (iii) the steps that United has taken or will take to
prevent the recurrence of any such non-compliance, including the
schedule on which such preventive action will be taken.
f. All Compliance Reports shall be submitted to the Chief,
Telecommunications Consumers Division, Enforcement Bureau, Federal
Communications Commission, 445 12^th Street, SW, Rm. 4C-224,
Washington, DC 20554, with copies submitted electronically to
Kimberly.Wild@fcc.gov.
12. Termination Date. The obligations set forth in paragraphs 9 through 11
of this Consent Decree shall expire thirty-six (36) months after the
Effective Date.
13. Section 208 Complaints; Subsequent Investigations. Nothing in this
Consent Decree shall prevent the Commission or its delegated authority
from adjudicating complaints filed pursuant to Section 208 of the Act
against United 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 United of the Act or the Commission's
rules.
14. Voluntary Contribution. United agrees to make a voluntary contribution
to the United States Treasury in the amount of five hundred thousand
dollars ($500,000), such voluntary contribution shall be made in
eighteen (18) monthly installments (each an Installment Payment). The
first Installment Payment in the amount of twenty-four thousand
dollars ($24,000) shall be made no later than thirty (30) calendar
days after the Effective Date. Each subsequent Installment Payment
shall be in the amount of twenty-eight thousand dollars ($28,000) and
shall be payable on the first day of each month beginning with the
third month following the Effective Date. The eighteenth and last
Installment Payment shall be made no later than nineteen (19) months
after the Effective Date. United acknowledges and agrees that upon
execution of this Consent Decree, the Voluntary Contribution and each
Installment Payment shall become a "Claim" or "Debt" as defined in 31
U.S.C. S 3701(b)(1).^ Upon an Event of Default by Nonpayment (as
described below in paragraph 15), all procedures for collection as
permitted by law may, at the Commission's discretion, be initiated. In
addition, United 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. United shall also send
electronic notification of payment on the date each payment is made to
Johnny.Drake@fcc.gov. The payments must be made by check or similar
instrument, wire transfer, or credit card, and must include the NAL
Account Number and FRN referenced in the caption of the Adopting
Order. Regardless of the form of payment, a completed FCC Form 159
(Remittance Advice) must be submitted.^ When completing the FCC Form
159, enter the Account Number in block number 23A (call sign/other ID)
and enter the letters "FORF" in block number 24A (payment type code).
Below are additional instructions United must follow based on the form
of payment selected.
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank--Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and account number 27000001. To complete the
wire transfer and ensure appropriate crediting of the wired funds, a
completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on the
same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S.
Bank--Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza,
St. Louis, MO 63101.
Contact the Financial Operations Group Help Desk by phone, 1-877-480-3201,
or by e-mail, ARINQUIRIES@fcc.gov with any questions about methods of
payment.
15. Event of Default by Nonpayment. United agrees that an Event of Default
by Nonpayment shall occur upon the failure by United to pay the full
amount of any Installment Payment on or before the due date specified
in this Consent Decree.
16. Interest, Charges for Collection, and Acceleration of Maturity Date.
Upon an Event of Default by Nonpayment under this Consent Decree,
automatically and without further notice, the then entire unpaid
amount of the Voluntary Contribution shall accrue interest at a rate
of 15.75% per annum from the date of the Event of Default until
payment in full. Upon an Event of Default, the then unpaid amount of
the Voluntary Contribution, together with interest, as aforesaid, any
penalties permitted and/or required by the law, including but not
limited to 31 U.S.C. S 3717 and administrative charge(s), plus the
costs of collection, litigation, and attorneys' fees, is accelerated
and shall become immediately due and payable, without notice,
presentment, demand, protest, or notice of protest of any kind, all of
which are waived by United.
17. Waivers. United waives any and all rights it may have to seek
administrative or judicial reconsideration, review, appeal, or stay,
or to otherwise challenge or contest the validity of this Consent
Decree and the Adopting Order, provided the Bureau issues an Adopting
Order as defined herein. If either Party (or the United States on
behalf of the Commission) brings a judicial action to enforce the
terms of the Adopting Order or Consent Decree, neither United nor the
Commission shall contest the validity of the Consent Decree or the
Adopting Order, and United shall waive any statutory right to a trial
de novo. United hereby agrees to waive any claims it may otherwise
have under the Equal Access to Justice Act, 5 U.S.C. S 504 and 47
C.F.R. S 1.1501 et seq., relating to the matters addressed in this
Consent Decree.
18. Severability. The Parties agree that if any of the provisions of the
Adopting Order or the Consent Decree shall be invalid or
unenforceable, such invalidity or unenforceability shall not
invalidate or render unenforceable the entire Adopting Order or
Consent Decree, but rather the entire Adopting Order or Consent Decree
shall be construed as if not containing the particular invalid or
unenforceable provision or provisions, and the rights and obligations
of the Parties shall be construed and enforced accordingly. In the
event that this Consent Decree in its entirety is rendered invalid by
any court of competent jurisdiction, it shall become null and void and
may not be used in any manner in any legal proceeding.
19. Subsequent Rule or Order. The Parties agree that if any provision of
this Consent Decree conflicts with any subsequent rule or order
adopted by the Commission (except an order specifically intended to
revise the terms of this Consent Decree to which United does not
expressly consent), such provision will be superseded by such Rule or
Commission order.
20. Successors and Assigns. United agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
21. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties to the
Investigation. The Parties further agree that this Consent Decree does
not constitute either an adjudication on the merits or a factual or
legal finding or determination regarding any compliance or
noncompliance with the Communications Laws.
22. Modifications. This Consent Decree cannot be modified or amended
without the advance written consent of both Parties.
23. Paragraph Headings. The headings of the paragraphs in this Consent
Decree are inserted for convenience only and are not intended to
affect the meaning or interpretation of this Consent Decree.
24. Authorized Representative. The individual signing this Consent Decree
on behalf of United represents and warrants that he is authorized by
United to execute this Consent Decree and to bind United to the
obligations set forth herein. The FCC signatory represents that he is
signing this Consent Decree in his official capacity and that he is
authorized to execute this Consent Decree.
25. Counterparts. This Consent Decree may be signed in any number of
counterparts (including by facsimile), each of which, when executed
and delivered, shall be an original, and all of which counterparts
together shall constitute one and the same fully executed instrument.
For: Federal Communications Commission
__________________________________________
_______________________________________
Robert H. Ratcliffe Date
Acting Deputy Chief, Enforcement Bureau
For: United Telecom, Inc.
__________________________________________
_______________________________________
Imtiaz Hossain Date
Vice President
United Telecom, Inc.
^ 47 U.S.C SS 201(b), 258.
^ 47 C.F.R. S 64.1120.
^ 47 U.S.C. SS 154(i), 154(j), 503(b).
^ 47 C.F.R. SS 0.111, 0.311.
^ 47 U.S.C. SS 201(b), 258.
^ 47 C.F.R. S 64.1120.
^ Letter from Richard A. Hindman, Chief, Telecommunications Consumers
Division, FCC Enforcement Bureau, to Sapina Quayum, United Telecom, Inc.
(Feb. 21, 2012) (on file in EB-TCD-12-00000800) (LOI).
^ 47 U.S.C. S 258(a).
^ 47 C.F.R. S 64.1120.
^ See supra, note 3.
^ Letter from United Telecom, Inc., to Federal Communications Commission
(Mar. 29, 2012) (on file in EB-TCD-12-00000800) (LOI Response).
^ Letter from Imtiaz Hossain, Vice President, United Telecom, Inc., to
Mika Savir, Telecommunications Consumers Division, FCC Enforcement Bureau
(May 4, 2012) (on file in EB-TCD-12-00000800) (Supplemental LOI Response).
^ United Telecom, Inc.. Apparent Liability for Forfeiture, Notice of
Apparent Liability for Forfeiture, 27 FCC Rcd 16499 (2012) (United NAL).
^ 47 C.F.R. S 1.16.
^ Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat.
1321, 1358 (Apr. 26, 1996).
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
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