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

This document was converted from Microsoft Word.

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

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

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

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

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



                                   Before the

                       Federal Communications Commission

                              Washington, DC 20554

   In the Matter of Net One International, Inc. Net One, LLC Farrahtel
   International, LLC ) ) ) ) ) ) ) File No. EB-TCD-12-00000418 NAL/Acct. No.
   201232170002 FRN: 0004337556




                          MEMORANDUM OPINION and ORDER

   Adopted: February 3, 2015 Released: February 3, 2015

   By the Chief, Telecommunications Consumers Division, Enforcement Bureau:

   I. INTRODUCTION

    1. We deny the petition for reconsideration filed by Net One
       International, Inc., Net One, LLC, and Farrahtel International, LLC,
       (collectively, Net One or the Company) seeking reconsideration of a
       forfeiture of $25,000 for failure to respond to a Federal
       Communications Commission (FCC or Commission) order. The Enforcement
       Bureau's (Bureau) finding of a violation was supported by sufficient
       evidence and we affirm the forfeiture of $25,000.

   II. background

    2. The Bureau issued an Order of Forfeiture to Net One on January 15,
       2014, (Order of Forfeiture) finding that the Company failed to respond
       to a letter of inquiry sent to the Company on December 9, 2011.^
       Specifically, the Order of Forfeiture imposed a monetary forfeiture of
       $25,000 against Net One for willfully or repeatedly failing to comply
       with a Commission order issued by the Bureau to produce certain
       information and documents relating to a Bureau investigation.^ On
       February 13, 2014, Net One sent the Bureau an e-mail (Petition for
       Reconsideration) asking that it reconsider the Order of Forfeiture.^

   III. discussion

    3. Section 1.106(i) of the Commission's rules requires petitions for
       reconsideration to be submitted to the Secretary of the Commission.^
       That rule states that "[p]etitions submitted only by electronic mail
       and petitions submitted directly to staff without submission to the
       Secretary shall not be considered to have been properly filed."^
       Additionally, the Commission grants petitions for reconsideration only
       in limited circumstances. Section 405 of the Communications Act, as
       amended, provides in relevant part that "[r]econsiderations shall be
       governed by such general rules as the Commission may establish, except
       that no evidence other than newly discovered evidence, evidence which
       has become available only since the original taking of evidence . . .
       shall be taken on any reconsideration."^ Absent "a material error or
       omission in the underlying order," or unless a petitioner raises
       "additional facts not known or not existing until after the
       petitioner's last opportunity to present such matters,"
       reconsideration is not warranted.^ Further, the petition must "state
       with particularity the respects in which petitioner believes the
       action taken . . . should be changed" and the specific form of relief
       sought.^

    4. Net One failed to file the Petition for Reconsideration with the
       Commission's Secretary, and failed to satisfy the requirements of
       Section 405 of the Act. Specifically, there is no evidence that copy
       of the Petition for Reconsideration was ever received by the
       Commission's Secretary. Additionally, Net One failed to: (1) identify
       any error or omission in the Order of Forfeiture; in fact, Net One
       does not even assert that there was an error or omission; (2) assert
       any additional facts that were not known or existing during the
       relevant time for filing responses to the Notice of Apparent Liability
       for Forfeiture^ affirmed by the Order of Forfeiture; and (3) identify
       or even request any change in the Order of Forfeiture or state what
       relief it seeks other than a general plea "for reconsideration
       regarding the Order."^ Accordingly, we find Net One's petition for
       reconsideration wholly deficient and providing no basis for
       reconsidering our decision in the Order of Forfeiture.^

   IV. ordering clauses

    5. Accordingly, IT IS ORDERED, pursuant to Section 405 of the
       Communications Act of 1934, as amended, 47 U.S.C. S 405 and Section
       1.106 of the Commission's rules, 47 C.F.R. S 1.106, the Net One
       International, Inc., Net One, LLC, and Farrahtel International, LLC
       Petition for Reconsideration IS DENIED.

    6. It is FURTHER ORDERED that the Order of Forfeiture IS AFFIRMED and
       that pursuant to Section 503(b) of the Act, Net One International,
       Inc., Net One, LLC, and Farrahtel International, LLC SHALL FORFEIT to
       the U.S. Government the sum of $25,000.

    7. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within thirty (30) calendar days after the
       release date of this Memorandum Opinion and Order.^  If the forfeiture
       is not paid within the period specified, the case may be referred to
       the U.S. Department of Justice for enforcement of the forfeiture
       pursuant to Section 504(a) of the Act.^  Net One International, Inc.,
       Net One, LLC, and Farrahtel International, LLC shall send electronic
       notification of payment to Johnny Drake at Johnny.Drake@fcc.gov on the
       date said payment is made.  The payment 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, Net One International,
       Inc., Net One, LLC, and Farrahtel International, LLC shall 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:

     * 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.

   Any request for full payment under an installment plan should be sent to:
   Chief Financial Officer--Financial Operations, Federal Communications
   Commission, 445 12th Street, SW, Room 1-A625, Washington, DC  20554.^  If
   Net One International, Inc.,Net One, LLC, or Farrahtel International, LLC
   have questions regarding payment procedures, it should contact the
   Financial Operations Group Help Desk by phone, 1-877-480-3201, or by
   e-mail, ARINQUIRIES@fcc.gov.

    8. IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order
       shall be sent by Certified Mail Return Receipt Requested and First
       Class Mail to Net One International, Inc., Net One, LLC, and Farrahtel
       International, LLC, Attention: Thomas Gainor, Moffa, Gainor, and
       Sutton, PA, One Financial Plaza, Suite 2202, 100 Southeast Third Ave.,
       Fort Lauderdale, FL 33394.

   FEDERAL COMMUNICATIONS COMMISSION

   Richard A. Hindman

   Chief

   Telecommunications Consumers Division

   Enforcement Bureau

   ^ This case was formerly assigned the file number EB-11-TC-063. In January
   2012, the Telecommunications Consumers Division assigned the case a new
   file number.

   ^ Net One International, et al, Order of Forfeiture, 29 FCC Rcd 264 (Enf.
   Bur. 2014) (Order of Forfeiture).

   ^ Id.

   ^ See e-mail from Thomas Gainor, Net One Counsel, Moffa, Gainor & Sutton
   PA, to Mika Savir, Attorney, Telecommunications Consumers Division, FCC
   Enforcement Bureau (Feb. 13, 2014, 6:56 PM) (on file in
   EB-TCD-12-00000418) (Petition for Reconsideration).

   ^ 47 C.F.R. S 1.106(i).

   ^ Id.

   ^ 47 U.S.C. S 405.

   ^ USA Teleport, Inc., Memorandum Opinion and Order, 26 FCC Rcd 6431, 6433,
   para. 8 (Enf. Bur. 2011) (USA Teleport); Christian Family Network, Inc.,
   Memorandum Opinion and Order, 23 FCC Rcd 18369, 18371, para. 8 (Enf. Bur.
   2008) (Christian Family Network).

   ^ 47 C.F.R. S 1.106(d)(1).

   ^ Net One International, et al., Notice of Apparent Liability for
   Forfeiture and Order, 26 FCC Rcd 16493 (Enf. Bur. 2011).

   ^ See e-mail from Thomas Gainor to Mika Savir, Attorney,
   Telecommunications Consumers Division, FCC Enforcement Bureau (Feb. 13,
   2014, 6:56 PM).

   ^ In its petition Net One references a separate pending investigation
   against the Company asserting that it had filed "tax returns and financial
   statements in that matter that demonstrate the severe financial
   constraints" of the Company. See e-mail from Thomas Gainor to Mika Savir,
   Attorney, Telecommunications Consumers Division, FCC Enforcement Bureau
   (Feb. 13, 2014, 6:56 PM). Other than this general reference; however, Net
   One never asks that we reconsider our decision based on an inability to
   pay. Notwithstanding this deficiency, we decline to reconsider our
   conclusion in the Order of Forfeiture not "to reduce or cancel the
   forfeiture based on Net One's ability to pay. Net One Forfeiture Order, 29
   FCC Rcd at 267, para. 8. As we said in the Order of Forfeiture, the "Net
   One NAL was clear on the standard of review for considering a reduction or
   cancellation of the proposed forfeiture based on an inability to pay" and
   Net One failed to meet that standard. Reference in Net One's petition for
   reconsideration to a separate enforcement investigation where Net One
   filed tax returns (1) is not newly discovered information that would
   qualify for consideration here, (see 47 U.S.C. S 405(a); see also 47
   C.F.R. S 1.106(c)(1)), and (2) we decline to exercise our discretion here
   to reconsider Net One's ability to pay on our own motion.

   ^ 47 C.F.R. S 1.80.

   ^ 47 U.S.C. S 504(a).

   ^ An FCC Form 159 and detailed instructions for completing the form may be
   obtained at [1]http://www.fcc.gov/Forms/Form159/159.pdf.

   ^ See 47 C.F.R. S 1.1914.

   (Continued from previous page)

   (continued....)

   Federal Communications Commission DA 15-151

   2

   Federal Communications Commission DA 15-151

References

   Visible links
   1. http://www.fcc.gov/Forms/Form159/159.pdf