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AccessLine Consent Decree regarding Section 214 transfers of control.

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Released: July 18, 2013

Federal Communications Commission

DA 13-1556

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
File No.: EB-13-IH-0280
)
AccessLine Communications Corporation
)
Acct. No.: 201332080024
)
) FRN: 0016875742

ORDER

Adopted: July 17, 2013

Released: July 18, 2013
By the Acting Chief, Enforcement Bureau:
1. In this Order, we adopt a Consent Decree entered into between the Enforcement Bureau
(Bureau) of the Federal Communications Commission and AccessLine Communications Corporation
(AccessLine). The Consent Decree resolves and terminates an investigation by the Bureau into whether
AccessLine and its parent company, Telanetix, Inc. (Telanetix), violated Section 214 of the
Communications Act of 1934, as amended (Act)1 and Sections 63.03, 63.04, 63.18, and 63.24 of the
Commission's rules2 in connection with the transfer of control of domestic and international Section 214
authorizations held by AccessLine.
2.
A copy of the Consent Decree negotiated by the Bureau and AccessLine, which
incorporates a two-year compliance plan requirement, is attached hereto and incorporated herein by
reference.
3.
After evaluating the facts before us and reviewing the terms of the Consent Decree, 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 AccessLine possesses the
basic qualifications, including those related to character, to hold or obtain any Commission license or
authority.
5.
Accordingly,

IT IS ORDERED

that, pursuant to Sections 4(i) of the Act3 and Sections
0.111 and 0.311 of the Commission's rules,4 the Consent Decree attached to this Order

IS ADOPTED

.

1 47 U.S.C. 214.
2 47 C.F.R. 63.03, 63.04, 63.18, 63.24.
3 47 U.S.C. 154(i).
4 47 C.F.R. 0.111, 0.311.

Federal Communications Commission

DA 13-1556
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 Mr. Glenn S. Richards, Attorney for
AccessLine Communications Corporation and Telanetix, Inc., Pillsbury Winthrop Shaw Pittman LLP,
2300 N Street, NW, Washington, DC 20037-1122.
FEDERAL COMMUNICATIONS COMMISSION
Robert H. Ratcliffe
Acting Chief
Enforcement Bureau
2

Federal Communications Commission

DA 13-1556

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
File No.: EB-13-IH-0280
)
AccessLine Communications Corporation
)
Acct. No.: 201332080024
)
)
FRN: 0016875742

CONSENT DECREE

1.
The Enforcement Bureau of the Federal Communications Commission and AccessLine
Communications Corporation, by their authorized representatives, hereby enter into this Consent Decree for
the purpose of terminating the Enforcement Bureau's investigation into whether AccessLine
Communications Corporation violated Section 214 of the Communications Act of 1934, as amended,1 and
Sections 63.03, 63.04, 63.18, and 63.24 of the Commission's rules2 in connection with the transfer of
control of domestic and international Section 214 authorizations held by AccessLine Communications
Corporation.

I.

DEFINITIONS

2.
For the purposes of this Consent Decree, the following definitions shall apply:
(a) "AccessLine" or the "Company" means AccessLine Communications Corporation and
its predecessors-in-interest and successors-in-interest.
(b) "Act" means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq.
(c) "Adopting Order" means an Order of the Bureau adopting the terms of this Consent
Decree without change, addition, deletion, or modification.
(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 AccessLine is subject
by virtue of its business activities.
(g) "Compliance Plan" means the plan described in this Consent Decree at paragraph 13.

1 47 U.S.C. 214.
2 47 C.F.R. 63.03, 63.04, 63.18, 63.24.

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DA 13-1556
(h) "Covered Employees" means all employees and agents of AccessLine who perform,
or supervise, oversee, or manage the performance of duties that relate to AccessLine's
responsibilities under the Section 214 Rules.
(i)
"Effective Date" means the date on which the Commission releases the Adopting
Order.
(j)
"Investigation" means the investigation commenced by the Bureau in File No.
EB-13-IH-0280 regarding AccessLine's compliance with the Section 214 Rules.
(k) "Operating Procedures" means the standard, internal operating procedures and
compliance policies established by AccessLine to implement the Compliance Plan.
(l) "Parties" means AccessLine and the Bureau, each of which is a "Party."
(m) "Rules" means the Commission's regulations found in Title 47 of the Code of Federal
Regulations.
(n) "Section 214 Rules" means Section 214 of the Act and other Communications Laws
governing the construction, acquisition, or operation of lines of communication,
including any Rules implementing Section 214 and any related Commission orders.

II.

BACKGROUND

3.
Section 214 of the Act requires telecommunications carriers to obtain a certificate of public
convenience and necessity from the Commission before constructing, acquiring, operating, or engaging in
transmission over lines of communications, and before discontinuing, reducing, or impairing service to a
community.3 In accordance with Sections 63.03 and 63.24 of the Rules, any "substantial" transfer of
control of a carrier's lines or of Section 214 authority requires application to and prior approval from the
Commission.4 Sections 63.04 and 63.18 of the Rules set forth the information that must be included in the
domestic and international transfer of control applications.5

3 See 47 U.S.C. 214(a). The Commission granted all carriers blanket authority under Section 214 to provide
domestic interstate services and to construct or operate any domestic transmission line. Implementation of Section
402(b)(2)(A) of the Telecomm. 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, 1136566, para. 2 (1999) (Section 402
Implementation Order
); 47 C.F.R. 63.01. This authority does not extend to the provision of international services.
See 1998 Biennial Review Review of International Common Carrier Regulations, Report and Order, 14 FCC Rcd
4909, 4912-13, para. 9 (1999).
4 47 C.F.R. 63.03; 63.24. A transfer of control of domestic lines or of a domestic Section 214 authority is
considered "substantial" if it results in a change in ultimate ownership or control of those lines or that authority.
See 47 C.F.R. 63.03(d). A transfer of control of international lines or of an international Section 214 authority is
considered "substantial" if it results in a change in the actual controlling party of those lines or that authority.
47 C.F.R. 63.24(a).
5 See 47 C.F.R. 63.04, 63.18.
2

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DA 13-1556
4.
AccessLine holds blanket domestic Section 214 authority and was granted international
Section 214 authority on December 9, 1998.6 The Company provides facilities-based and resold long
distance services throughout the United States.7 AccessLine is directly controlled by AccessLine Holdings,
Inc. (AccessLine Holdings) and indirectly controlled by Telanetix, Inc. (Telanetix).8 Telanetix is publicly
traded on the OTC Bulletin Board.9
5.
On June 30, 2010, Telanetix and HCP-TELA, LLC (HCPT) entered into a security
purchase agreement by which Telanetix agreed to issue secured notes and common stock sufficient to give
HCPT a 55 percent ownership interest in Telanetix.10 On July 2, 2010, Telanetix issued the notes to HCPT;
on that date and on September 2, 2010, Telanetix issued the common stock to HCPT.11 As a result of these
transactions, HCPT acquired direct control of Telanetix and indirect control over AccessLine Holdings and
AccessLine.12 Consequently, there was a substantial transfer of control of the domestic and international
Section 214 authority held by AccessLine from Telanetix to HCPT.
6.
Beginning in January 2013, AccessLine and Telanetix filed a series of applications to
rectify its prior failure to obtain Commission consent to the substantial transfers of control described above.
On January 28, 2013, AccessLine and Telanetix filed a request for Special Temporary Authority
(STA) with the Commission's International Bureau (IB) to continue international
telecommunications service pending IB action on an application for the transfer of control of its
international Section 214 authority to HCPT, which was also filed on January 28, 2013.13 On

6 See Overseas Common Carrier Section 214 Applications and Section 310(b)(4) Actions Taken, Public Notice, 14
FCC Rcd 1888, 1889 (Int'l Bur. 1998) (granting AccessLine Section 214 authority for international facilities-based
and resale services).
7 See Telanetix, Inc., Transferor, AccessLine Communications Corporation, Licensee, and HCP-TELA, LLC,
Transferee, Joint Applications for the Grant of Authority Pursuant to Section 214 of the Communications Act of
1934, as amended and Sections 63.04 and 63.24 of the Commission's Rules to Complete the Indirect Transfer of
Control of AccessLine Communications Corporation, An Authorized Domestic and International Section 214
Carrier, to HCP-TELA, LLC, WC Docket No. 13-41, Application, IBFS File No. ITC-T/C-20130128-0032, at 3
(filed Jan. 28, 2013) (on file in EB-13-IH-0280) (AccessLine Joint Domestic and Int'l Sec. 214 Application).
8 See id. at 3.
9 See id.
10 See id. at 4.
11 See id.
12 See id.
13 See IBFS File No. ITC-STA-20130128-0019 (on file in EB-13-IH-0280); IBFS File No. ITC-T/C-20130128-0032
(on file in EB-13-IH-0280); Letter from Glenn S. Richards, Pillsbury Winthrop Shaw Pittman LLP, Attorney for
AccessLine, to Marlene H. Dortch, Secretary, FCC (filed Jan. 28, 2013) (on file in EB-13-IH-0280).
3

Federal Communications Commission

DA 13-1556
February 11, 2013, IB granted the STA.14 On March 15, 2013, IB granted the application "without
prejudice to the Commission's action in any other related pending process."15
On February 11, 2013, AccessLine and Telanetix filed with the Commission's Wireline
Competition Bureau (WCB) an application for an STA to continue providing domestic Section 214
telecommunications service pending action by WCB on an application to transfer control of
AccessLine's domestic Section 214 authority from Telanetix to HCPT, which was also filed on
February 11, 2013.16 WCB granted the STA on the same date.17 On March 29, 2013, WCB granted
the domestic Section 214 transfer of control application.18
7.
On April 8, 2013, the Bureau sent a Letter of Inquiry (LOI) to AccessLine regarding its
transfer of control transaction with HCPT.19 On April 29, 2013, AccessLine filed its response.20

III.

TERMS OF AGREEMENT

8.

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.
9.

Jurisdiction.

AccessLine 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.

14 See IBFS File No. ITC-STA-20130128-0019 (on file in EB-13-IH-0280; Streamlined International Applications
Accepted for Filing - Section 214 Applications (47 C.F.R. 63.18); Section 310(B)(4) Requests
, Public Notice,
Report No. TEL-01605S, 2013 WL 772805 (Int'l Bur. Mar. 1, 2013) (announcing pending application for approval
of international Section 214 transfer of control of AccessLine from Telanetix to HCP and stating that AccessLine
had filed an STA request that the IB granted on Feb. 11, 2013).
15 See International Authorizations Granted - Section 214 Applications (47 C.F.R. 63.18); Section 310(B)(4)
Requests,
Public Notice, 28 FCC Rcd 3069, 3071 (Int'l Bur. 2013).
16 See Domestic Section 214 Application Filed for the transfer of Control of Telanetix, Inc. and AccessLine
Communications Corporation to HCP-TELA, LLC, Streamlined Pleading Cycle Established
, WC Docket No. 13-41,
Public Notice, 28 FCC Rcd 1551 (Wireline Comp. Bur. 2013) (stating that on February 11, 2013, AccessLine,
Telanetix, and HCPT submitted an STA request that was granted the same day and an application for the transfer of
control of domestic Section 214 authority, which was pending as of the date of the Public Notice on February 26,
2013).
17 See id.
18 See Notice of Domestic Section 214 Authorization Granted, WC Docket No. 13-41, Public Notice, 28 FCC Rcd
3405 (Wireline Comp. Bur. 2013).
19 See Letter from Pamela S. Kane, Deputy Div. Chief, Investigations and Hearings Division, FCC Enforcement
Bureau, to Mr. Glenn S. Richards, Pillsbury Winthrop Shaw Pittman LLP, Attorney for AccessLine (filed Apr. 8,
2013) (on file in EB-13-IH-0280).
20 See Letter from Tony Lin and Glenn S. Richards, Pillsbury Winthrop Shaw Pittman LLP, Attorneys for
AccessLine, to Robert B. Krinsky, Attorney Advisor, Investigations and Hearings Division, FCC Enforcement
Bureau (filed Apr. 29, 2013) (on file in EB-13-IH-0280).
4

Federal Communications Commission

DA 13-1556
10.

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 Bureau to exercise any rights and remedies attendant to the enforcement of
a Commission Order.
11.

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 the termination of said Investigation, AccessLine 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 AccessLine concerning the matter that was 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
AccessLine with respect to AccessLine's basic qualifications, including its character qualifications, to be a
Commission licensee or hold Commission authorizations.
12.

Compliance Officer.

Within thirty (30) calendar days after the Effective Date, AccessLine
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 AccessLine 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 the
Section 214 Rules prior to assuming his/her duties.
13.

Compliance Plan.

For purposes of settling the matters set forth herein, AccessLine 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, including the Section 214
Rules, and with the terms and conditions of this Consent Decree. With respect to the Section 214 Rules, the
Compliance Plan shall implement the following procedures:
(a)

Operating Procedures.

Within sixty (60) calendar days after the Effective Date,
AccessLine shall establish Operating Procedures that all Covered Employees shall follow
to help ensure AccessLine's compliance with the Section 214 Rules. AccessLine's
Operating Procedures shall include internal procedures and policies specifically designed to
ensure that AccessLine complies with the Section 214 Rules. AccessLine shall also
develop a Compliance Checklist that describes the steps that a Covered Employee must
follow to ensure compliance with the Section 214 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 the Section 214 Rules and set forth the
Operating Procedures that Covered Employees shall follow to help ensure AccessLine's
compliance with the Section 214 Rules. AccessLine shall periodically review and revise
the Compliance Manual as necessary to ensure that the information set forth therein
5

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DA 13-1556
remains current and accurate. AccessLine shall distribute any revisions to the Compliance
Manual promptly to Covered Employees.
(c)

Compliance Training Program.

AccessLine shall establish and implement a Compliance
Training Program on compliance with the Section 214 Rules and the Operating Procedures.
As part of the Compliance Training Program, Covered Employees shall be advised of
AccessLine's obligation to report any noncompliance with the Section 214 Rules under
paragraph 14 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. AccessLine 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.
14.

Reporting Noncompliance.

AccessLine shall report any noncompliance with the Section
214 Rules and 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
noncompliance; (ii) the steps that AccessLine 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 AccessLine 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, SW, Washington, DC 20554, with a copy submitted
electronically to Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov, William A. Kehoe at
William.Kehoe@fcc.gov, and Robert B. Krinsky at Robert.Krinsky@fcc.gov. The reporting obligations set
forth in this paragraph shall expire twenty-four (24) months after the Effective Date.
15.

Compliance Reports.

AccessLine shall file Compliance Reports with the Commission
ninety (90) calendar days after the Effective Date, twelve (12) months after the Effective Date, and twenty-
four (24) months after the Effective Date.
(a) Each Compliance Report shall include a detailed description of AccessLine's efforts during
the relevant period to comply with the terms and conditions of this Consent Decree and the
Section 214 Rules. In addition, each Compliance Report shall include a certification by the
Compliance Officer, as an agent of and on behalf of AccessLine, stating that the
Compliance Officer has personal knowledge that AccessLine (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 14 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 Rules21 and be
subscribed to as true under penalty of perjury in substantially the form set forth in Section
1.16.

21 47 C.F.R. 1.16.
6

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(c) If the Compliance Officer cannot provide the requisite certification, the Compliance
Officer, as an agent of and on behalf of AccessLine, 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 AccessLine 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 AccessLine 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, SW, Washington, DC 20554, with a copy submitted electronically to Theresa
Z. Cavanaugh at Terry.Cavanaugh@fcc.gov, William A. Kehoe at
William.Kehoe@fcc.gov, and Robert B. Krinsky at Robert.Krinsky@fcc.gov.
16.

Termination Date.

Unless stated otherwise, the requirements set forth in paragraphs 12
through 15 of this Consent Decree shall expire twenty-four (24) months after the Effective Date.
17.

Voluntary Contribution.

AccessLine agrees that it will make a voluntary contribution to
the United States Treasury in the amount of sixteen thousand dollars ($16,000) within thirty (30) calendar
days after the Effective Date (Voluntary Contribution). AccessLine shall also send electronic notification
of payment to Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov, William A. Kehoe at
William.Kehoe@fcc.gov, and Robert B. Krinsky at Robert.Krinsky@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.22 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.

22 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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18.

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 Act23 against AccessLine 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 AccessLine with the Communications Laws.
19.

Waivers.

AccessLine 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 the Adopting Order as defined in this
Consent Decree. AccessLine 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 AccessLine nor the Commission
shall contest the validity of the Consent Decree or the Adopting Order, and AccessLine shall waive any
statutory right to a trial de novo. AccessLine hereby agrees to waive any claims it may otherwise have
under the Equal Access to Justice Act,24 relating to the matters addressed in this Consent Decree.
20.

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.
21.

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 AccessLine does not expressly consent) that
provision will be superseded by such Commission rule or order.
22.

Successors and Assigns.

AccessLine agrees that the provisions of this Consent Decree
shall be binding on its successors, assigns, and transferees.
23.

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.
24.

Modifications.

This Consent Decree cannot be modified without the advance written
consent of both Parties.
25.

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.
26.

Authorized Representative.

The individual signing this Consent Decree on behalf of
AccessLine represents and warrants that he is authorized to execute this Consent Decree and to bind
AccessLine 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.

23 47 U.S.C. 208.
24 See 5 U.S.C. 504; 47 C.F.R. Part 1, Subpart K.
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27.

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.
________________________________
Robert H. Ratcliffe
Acting Chief
Enforcement Bureau
________________________________
Date
________________________________
Douglas Johnson
Chief Executive Officer
AccessLine Communications Corporation
________________________________
Date
9

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