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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
SouthEast Telephone, Inc. ) File No. EB-00-TS-032
Pikeville, Kentucky ) NAL/Acct. No. X3210-001
ORDER
Adopted: July 28, 2000 Released: July 31,
2000
By the Chief, Enforcement Bureau:
1. In this Order, we adopt a Consent Decree terminating a
forfeiture proceeding against SouthEast Telephone, Inc.
(``SouthEast'').1 We instituted a forfeiture proceeding against
SouthEast for apparently violating Section 301 of the
Communications Act of 1934 (``Act''), as amended,2 and Section
24.803 of the Commission's Rules (``Rules'')3 by operating a
Broadband Personal Communications System without Commission
authorization.
2. The Enforcement Bureau and SouthEast have negotiated
the terms of a Consent Decree that will terminate the forfeiture
proceeding. The Consent Decree is incorporated by reference in
and attached to this Order. As detailed in the Consent Decree,
SouthEast has agreed to, among other things, establish a
Compliance Program and make a $40,000 voluntary contribution to
the United States Treasury. Under the Compliance Program,
SouthEast will educate its employees and agents to ensure future
compliance with the Act and the Rules and will promptly report
any violations to the Commission.
3. We have reviewed the Consent Decree and evaluated the
facts of record. In light of SouthEast's declaration to
institute a Compliance Program for its employees and agents, as
well as its other commitments and representations in the Consent
Decree, we believe that approving the Consent Decree and
terminating the forfeiture proceeding will serve the public
interest. Furthermore, we find that no substantial or material
question of fact exists regarding SouthEast's basic
qualifications to hold a Commission license.
4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i)-
(j) of the Act,4 and Sections 0.111 and 0.311 of the Rules,5 that
the Consent Decree, incorporated by reference in and attached to
this Order, IS ADOPTED.
5. SouthEast may make its voluntary contribution to the
United States Treasury by credit card through the Commission's
Credit and Debt Management Center at (202) 418-1995, or by
mailing a check or similar instrument, payable to the order of
the ``Federal Communications Commission,'' to the Federal
Communications Commission, P.O. Box 73482, Chicago, Illinois
60673-7482. The payment should note NAL/Acct. No. X3210-001
referenced above.
6. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by Certified Mail, return receipt requested, to Michele
Farquhar, Esq., Hogan & Hartson L.L.P., Columbia Square, 555
Thirteenth Street, N.W., Washington D.C. 20004-1109.
7. IT IS FURTHER ORDERED that this forfeiture proceeding
IS TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 SouthEast Tel. Inc. 15 FCC Rcd 4222 (Enf. Bur. 2000).
2 47 U.S.C. § 301.
3 47 C.F.R. § 24.803.
4 47 U.S.C. §§ 154(i)-(j).
5 47 C.F.R. §§ 0.111 and 0.311.