Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Bay Springs Communications, Inc. Order and Consent Decree

Download Options

Released: February 24, 2012

Federal Communications Commission

DA 12-267

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
File No.: EB-11-IH-0610
)
Bay Springs Communications, Inc.
)
Acct. No.: 201232080017
)
)
FRN: 0015518269
)

ORDER

Adopted: February 24, 2012

Released: February 24, 2012

By the Acting Chief, Investigations and Hearings Division, Enforcement Bureau:
1.
In this Order, we adopt a Consent Decree entered into between the Enforcement Bureau
(Bureau) and Bay Springs Communications, Inc. (BSCI). The Consent Decree terminates an
investigation by the Bureau against BSCI for possible violations of Sections 9(a)(1), 225, 251(e)(2), and
254(d) of the Communications Act of 1934, as amended (Act),1 and Sections 1.1154, 1.1157, 43.61,
52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission’s rules (Rules)2 concerning various
regulatory fee and reporting obligations as well as required contributions to the Universal Service Fund,
the Telecommunications Relay Service Fund, and the North American Numbering Plan and Local
Number Portability administration. The Consent Decree also terminates an investigation by the Bureau
into possible violations of Section 222 of the Act,3 Section 64.2009(e) of the Rules,4 and the
Commission’s EPIC CPNI Order5 regarding BSCI’s customer proprietary network information
obligations.
2.
A copy of the Consent Decree negotiated by the Bureau and BSCI 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 BSCI possesses the basic
qualifications, including those related to character, to hold or obtain any Commission license or
authorization.


1 47 U.S.C. §§ 159(a)(1), 225, 251(e)(2), 254(d).
2 47 C.F.R. §§ 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711, 64.604, 64.1195.
3 47 U.S.C. § 222.
4 47 C.F.R. § 64.2009(e).
5 Implementation of the Telecommunications Act of 1996: Telecommunications Carriers’ Use of Customer
Proprietary Network Information and Other Customer Information; IP-Enabled Services
, Report and Order and
Further Notice of Proposed Rulemaking, 22 FCC Rcd 6927, 6953 (2007) (EPIC CPNI Order); aff’d sub nom. Nat’l
Cable & Telecom. Assoc. v. FCC
, 555 F.3d 996 (D.C. Cir. 2009).

Federal Communications Commission

DA 12-267

5.
Accordingly,

IT IS ORDERED

that, pursuant to Sections 4(i) and 503(b) of the Act,6
and Sections 0.111 and 0.311 of the Rules,7 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 Thomas J. Moorman, Woods &
Aitken LLP, 2154 Wisconsin Ave., NW, Suite 200, Washington, DC 20007.
FEDERAL COMMUNICATIONS COMMISSION
Theresa Z. Cavanaugh
Acting Chief
Investigations and Hearings Division
Enforcement Bureau


6 47 U.S.C. §§ 154(i), 503(b).
7 47 C.F.R. §§ 0.111, 0.311.
2

Federal Communications Commission

DA 12-267

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
File No.: EB-11-IH-0610
)
Bay Springs Communications, Inc.
)
Acct. No.: 201232080017
)
)
FRN: 0015518269
)

CONSENT DECREE

1.
The Enforcement Bureau of the Federal Communications Commission and Bay Springs
Communications, Inc., by their authorized representatives, hereby enter into this Consent Decree for the
purpose of terminating the Bureau’s investigation into whether BSCI violated Sections 9(a)(1), 225,
251(e)(2), and 254(d) of the Communications Act of 1934, as amended,1 and Sections 1.1154, 1.1157,
43.61, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission’s rules,2 concerning the
following issues: (1) payment of annual regulatory fees; (2) filing of international telecommunications
traffic reports; (3) contributions to the Universal Service Fund and Telecommunications Relay Services
Fund; (4) contributions to the cost-recovery mechanisms for North American Numbering Plan and Local
Number Portability administration; and (5) the reporting of information as set forth on the
Telecommunications Reporting Worksheets. The Consent Decree also terminates an investigation by the
Bureau for possible violations of Section 222 of the Act,3 Section 64.2009(e) of the Rules,4 and the
Commission’s EPIC CPNI Order,5 regarding BSCI’s apparent failure to timely file compliant annual
customer proprietary network information certifications pursuant to Section 64.2009(e).

I.

DEFINITIONS

2.
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. § 151 et seq.
(b) “Adopting Order” means an Order of the Commission adopting the terms of this
Consent Decree without change, addition, deletion, or modification.
(c) “BSCI” means Bay Springs Communications, Inc. and its predecessors-in-interest
and successors-in-interest.
(d) “Bureau” means the Enforcement Bureau of the Federal Communications
Commission.


1 47 U.S.C. §§ 159(a)(1), 225, 251(e)(2), 254(d).
2 47 C.F.R. §§ 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711, 64.604, 64.1195.
3 47 U.S.C. § 222.
4 47 C.F.R. § 64.2009(e).
5 Implementation of the Telecommunications Act of 1996: Telecommunications Carriers’ Use of Customer
Proprietary Network Information and Other Customer Information; IP-Enabled Services
, Report and Order and
Further Notice of Proposed Rulemaking, 22 FCC Rcd 6927, 6953 (2007) (EPIC CPNI Order); aff’d sub nom. Nat’l
Cable & Telecom. Assoc. v. FCC
, 555 F.3d 996 (D.C. Cir. 2009).

Federal Communications Commission

DA 12-267

(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 BSCI is subject
by virtue of its business activities.
(g) “Company” means Bay Springs Communications, Inc. and its predecessors-in-
interest and successors-in-interest.
(h) “Compliance Plan” means the plan described in this Consent Decree at paragraph 17.
(i) “Covered CPNI Employees” means all employees and agents of BSCI who perform,
or supervise, oversee, or manage the performance of, duties that relate to BSCI’s
responsibilities under the CPNI Rules.
(j) “CPNI” means customer proprietary network information.
(k) “CPNI Rules” means Section 222 of the Act, Section 64.2009(e) of the Rules, the
EPIC CPNI Order, and other provisions of the Act, the Rules, and Commission
orders governing a telecommunications carrier’s use of CPNI.
(l) “Effective Date” means the date on which the Commission releases the Adopting
Order.
(m)“Federal Regulatory Reporting and Contribution Rules” means Sections 9, 225,
251(e)(2), and 254(d) of the Act,6 Sections 1.1154, 1.1157, 43.61, 52.17, 52.32,
54.706, 54.711, 64.604, and 64.1195 of the Rules,7 and other provisions of the Act,
the Rules, and Commission orders governing federal regulatory reporting and
contribution obligations.
(n) “Investigation” means the investigation initiated by the Bureau in File No. EB-11-IH-
0610 in response to BSCI’s voluntary disclosure regarding possible violations of
Sections 9, 222, 225, 251(e)(2), and 254(d) of the Act,8 Sections 1.1154, 1.1157,
43.61, 52.17, 52.32, 54.706, 54.711, 64.604, 64.1195, and 64.2009(e) of the Rules,9
and the Commission’s EPIC CPNI Order.10
(o) “LNP” means Local Number Portability.
(p) “NANP” means the North American Numbering Plan.
(q) “Parties” means Bay Springs Communications, Inc. and the Bureau, and each a
“Party.”


6 47 U.S.C. §§ 159, 225, 251(e)(2), 254(d).
7 47 C.F.R. §§ 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711, 64.604.
8 47 U.S.C. §§ 159, 222, 225, 251(e)(2), 254(d).
9 47 C.F.R. §§ 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711, 64.604, 64.1195, 64.2009(e).
10 EPIC CPNI Order, 22 FCC Rcd 6927.
2

Federal Communications Commission

DA 12-267

(r) “Rules” means the Commission’s regulations found in Title 47 of the Federal
Regulations.
(s) “TRS” means Telecommunications Relay Services.
(t) “USF” means the Universal Service Fund.

II.

BACKGROUND

A.

Federal Regulatory Reporting and Contribution Obligations

3.
Pursuant to Section 254(d) of the Act and Sections 54.706 and 54.711 of the Rules,
telecommunications service providers that provide 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 Pursuant to Section 64.1195 of Rules, interstate
telecommunications carriers are required to file registration information on FCC Form 499-A.12
4.
Pursuant to Section 225(b)(1) of the Act and Section 64.604 of the Rules, providers of
interstate telecommunications services are required to contribute to the TRS Fund.13
5.
Pursuant to Section 251(e) of the Act and Sections 52.17 and 52.32 of the Rules,
telecommunications service providers are required to contribute to the costs of establishing numbering
administration and local number portability.14
6.
Pursuant to Section 9(a)(1) of the Act and Sections 1.1154 and 1.1157 of the Rules,
interstate telecommunications carriers are required to pay regulatory fees.15
7.
Pursuant to Section 43.61 of the Rules, common carriers engaged in providing
international telecommunications service between the area comprising the continental United States,
Alaska, Hawaii, and offshore U.S. points and any country or point outside that area are required to file
reports of international telecommunications traffic.16

B.

CPNI Obligations

8.
Section 222 of the Act imposes the general duty on all telecommunications carriers to
protect the confidentiality of their subscribers’ proprietary information.17 The Commission has issued


11 See 47 U.S.C. § 254(d); 47 C.F.R. §§ 54.706, 54.711.
12 See 47 C.F.R. § 64.1195.
13 See 47 U.S.C. § 225(b)(1); 47 C.F.R. § 64.604.
14 See 47 U.S.C. § 251(e); 47 C.F.R. §§ 52.17, 52.32.
15 47 U.S.C. § 159(a)(1); 47 C.F.R. §§ 1.1154, 1.1157.
16 47 C.F.R. § 43.61.
17 Section 222 of the Act, 47 U.S.C § 222, provides that: “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.” Prior to the 1996 Act, the Commission had established CPNI requirements
applicable to the enhanced services operations of AT&T, the Bell Operating Companies (BOCs), and GTE, and the
customer premises equipment (CPE) operations of AT&T and the BOCs, in the Computer II, Computer III, GTE
Open Network Architecture (ONA), and BOC CPE Relief proceedings. See Implementation of the
Telecommunications Act of 1996: Telecommunications Carriers’ Use of Customer Proprietary Network Information

3

Federal Communications Commission

DA 12-267

rules implementing Section 222 of the Act.18 The Commission requires carriers to establish and maintain
a system designed to ensure that carriers adequately protect their subscribers’ CPNI. Section 64.2009(e)
of the Rules is one such requirement.
9.
In 2006, some companies, known as “data brokers,” advertised the availability of records
of wireless subscribers’ incoming and outgoing telephone calls for a fee.19 Data brokers also advertised
the availability of certain landline toll calls.20 On April 2, 2007, the Commission strengthened its privacy
rules with the release of the EPIC CPNI Order, which adopted additional safeguards to protect CPNI
against unauthorized access and disclosure.21 The EPIC CPNI Order was directly responsive to the
actions of databrokers, or pretexters, to obtain unauthorized access to CPNI.22 The EPIC CPNI Order
requires that all companies subject to the CPNI rules file annually, on or before March 1, a certification
with the Commission pursuant to amended rule 47 C.F.R. § 64.2009(e).23 Additionally, companies must
now provide with their certification “an explanation of any actions taken against data brokers and a
summary of all customer complaints received in the past year concerning the unauthorized release of
CPNI.”24

C.

Investigation

10.
BSCI is a small competitive local exchange carrier based in Mississippi that offers
interstate and international telecommunications services. BSCI began operations in November 2006 and
is subject to the requirements discussed in paragraphs 3 through 9 above.




and Other Customer Information and Implementation of Non-Accounting Safeguards of Sections 271 and 272 of the
Communications Act of 1934, as amended
, Second Report and Order and Further Notice of Proposed Rulemaking,
13 FCC Rcd 8061, 8068-70 (1998) (CPNI Order) (describing the Commission’s privacy protections for confidential
customer information in place prior to the 1996 Act).
18 See CPNI Order. See also Implementation of the Telecommunications Act of 1996: Telecommunications Carriers'
Use of Customer Proprietary Network Information and Other Customer Information and Implementation of the
Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as amended
, Order on
Reconsideration and Petitions for Forbearance, 14 FCC Rcd 14409 (1999); Implementation of the
Telecommunications Act of 1996: Telecommunications Carriers’ Use of Customer Proprietary Network Information
and Other Customer Information and Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of
the Communications Act of 1934, as amended; 2000 Biennial Regulatory Review—Review of Policies and Rules
Concerning Unauthorized Changes of Consumers’ Long Distance Carriers,
Third Report and Order and Third
Further Notice of Proposed Rulemaking, 17 FCC Rcd 14860 (2002); EPIC CPNI Order.
19 See, e.g., http://www.epic.org/privacy/iei/.
20 See id.
21 See EPIC CPNI Order, 22 FCC Rcd 6927. Specifically, pursuant to Section 64.2009(e): A telecommunications
carrier must have an officer, as an agent of the carrier, sign and file with the Commission a compliance certificate on
an annual basis. The officer must state in the certification that he or she has personal knowledge that the company
has established operating procedures that are adequate to ensure compliance with the rules in this subpart. The
carrier must provide a statement accompanying the certification explaining how its operating procedures ensure that
it is or is not in compliance with the rules in this subpart. In addition, the carrier must include an explanation of any
actions taken against data brokers and a summary of all customer complaints received in the past year concerning
the unauthorized release of CPNI. This filing must be made annually with the Enforcement Bureau on or before
March 1 in EB Docket No. 06-36, for data pertaining to the previous calendar year. See 47 C.F.R. § 64.2009(e).
22 See EPIC CPNI Order, 22 FCC Rcd at 6928.
23 See id. at 6953; 47 C.F.R. § 64.2009(e).
24 EPIC CPNI Order, 22 FCC Rcd at 6953.
4

Federal Communications Commission

DA 12-267

11.
In March 2011, BSCI voluntarily disclosed to the Bureau potential violations of the Act
and the Rules involving federal regulatory reporting, contribution, and CPNI obligations.
12.
As of the Effective Date, BSCI has paid all invoiced amounts to the USF, TRS Fund, cost
recovery mechanisms for NANP and LNP administration, and regulatory fees, as well as complied with
the regulatory reporting and CPNI obligations discussed above. BSCI provided financial information
documenting its inability to pay a large forfeiture.25

III.

TERMS OF AGREEMENT

13.

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.
14.

Jurisdiction.

BSCI agrees that the Bureau has jurisdiction over it and the matters
contained in this Consent Decree and has the authority to enter into and adopt this Consent Decree.
15.

Effective Date; Violations.

The Parties agree that this Consent Decree shall become
effective on the Effective Date. Upon release, the Adopting Order and this Consent Decree shall have the
same force and effect as any other Order of the Bureau. Any violation of the Adopting Order or of the
terms of this Consent Decree shall constitute a separate violation of a Bureau Order, entitling the Bureau
to exercise any rights and remedies attendant to the enforcement of a Commission order.
16.

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 said Investigation, BSCI 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 BSCI concerning the matters that were the
subjects of the Investigation. The Bureau also agrees that 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 BSCI with
respect to BSCI’s basic qualifications, including its character qualifications, to be a Commission licensee
or hold Commission authorizations.
17.

Compliance Plan.

For purposes of settling the matters set forth herein, BSCI agrees to
implement a Compliance Plan related to future compliance with the Communications Laws. The
Compliance Plan must include, at a minimum, the following components:
(a)

Compliance Officer.

Within thirty (30) calendar days of the Effective Date, BSCI
will designate a Compliance Officer who will administer the Compliance Plan,
supervise BSCI’s compliance with the Communications Laws, and serve as the point
of contact on behalf of BSCI for all FCC-related compliance matters.
(b)

Compliance Manual.

Within sixty (60) calendar days of the Effective Date, the
Compliance Officer will develop and distribute a Compliance Manual to employees
and others who perform duties at BSCI that trigger or may trigger compliance-related
responsibilities. The Compliance Manual will include, at a minimum, an overview of
the Federal Regulatory Reporting and Contribution Rules, including (i) the payment of


25 See 47 U.S.C. § 503(b)(2)(E); 47 C.F.R. § 1.80(b)(6).
5

Federal Communications Commission

DA 12-267

annual regulatory fees; (ii) contributions to the USF and TRS Fund; (iii) contributions
to cost-recovery mechanisms for NANP and LNP administration; (iv) the submission
of information as set forth on the Telecommunications Reporting Worksheets; and (v)
the submission of international telecommunications traffic reports. The Compliance
Manual will also set forth a schedule of filing and payment dates associated with these
regulatory reporting and contribution obligations. BSCI will create compliance
notifications that alert BSCI personnel to upcoming filing and payment dates. The
Compliance Manual will require personnel to contact BSCI’s Compliance Officer, and
if appropriate, regulatory legal counsel, with any questions or concerns that arise with
respect to BSCI’s federal regulatory reporting and contribution obligations.
(c)

Compliance Training Program.

Within ninety (90) calendar days after the Effective
Date, and annually thereafter, BSCI shall implement and conduct a training program
on compliance with the Federal Regulatory Reporting and Contribution Rules for all
employees who perform duties at BSCI that trigger or may trigger compliance-related
responsibilities. BSCI shall ensure that training and compliance materials are provided
to new and reassigned employees who are responsible for fulfilling those obligations
within the first thirty (30) calendar days of employment or reassignment.
(d)

Review and Monitoring.

BSCI will review the Compliance Manual and Compliance
Training Program at least annually to ensure that they are complete and otherwise
properly maintained and continue to address BSCI’s compliance with the Federal
Regulatory Reporting and Contribution Rules, and will update the Compliance Manual
and Compliance Training Program in the event of changes and/or additions to the
relevant sections of the Communications Laws.
(e)

CPNI Compliance Measures, Training, and Disciplinary Process.

BSCI agrees to
take all measures necessary to achieve full compliance with the CPNI Rules. BSCI
agrees that within thirty (30) calendar days after the Effective Date, Covered CPNI
Employees shall be trained as to when they are and are not authorized to use CPNI. As
part of the CPNI training, Covered CPNI Employees shall be advised of BSCI’s
obligation to report any non-compliance with the CPNI Rules under paragraph 17(f) of
this Consent Decree and shall be instructed on how to disclose non-compliance to the
Compliance Officer. BSCI further agrees to have an express disciplinary process in
place for the unauthorized use of CPNI within thirty (30) calendar days after the
Effective Date. Additionally, BSCI agrees to submit for each of three (3) years
following the Effective Date of this Consent Decree a copy of its annual Section
64.2009(e) compliance certificate, which it is required to file annually in EB Docket
06-36, to the Chief, Telecommunications Consumers Division, Enforcement Bureau,
Federal Communications Commission, 445 12th Street, S.W., Room 4-C244,
Washington, D.C. 20554. BSCI must also send an electronic copy of its certification
to other Telecommunications Consumers Division staff as directed by the
Telecommunications Consumers Division Chief.
(f)

Reporting Non-Compliance.

BSCI will report any non-compliance with this Consent
Decree, the Federal Regulatory Reporting and Contribution Rules, the CPNI Rules, or
related Commission orders to the Bureau within fifteen (15) days after the discovery of
non-compliance.
(g)

Compliance Reports.

BSCI will file compliance reports with the Commission ninety
(90) days after the Effective Date, twelve (12) months after the Effective Date, twenty-
four (24) months after the Effective Date, and upon expiration of this Consent Decree,
6

Federal Communications Commission

DA 12-267

three (3) years after the Effective Date. Each compliance report shall include a
compliance certificate from the Compliance Officer, as an agent of BSCI, stating that
the Compliance Officer has personal knowledge that BSCI: (i) has established
operating procedures intended to ensure compliance with the terms and conditions of
this Consent Decree, the Federal Regulatory Reporting and Contribution Rules, and the
CPNI Rules, together with an accompanying statement explaining the basis for the
Compliance Officer’s certification; (ii) has been utilizing those procedures since the
previous Compliance Report was submitted; and (iii) is not aware of any instances of
non-compliance. The certification must comply with Section 1.16 of the Rules26 and
be subscribed to as true under penalty of perjury in substantially the form set forth
therein. If the Compliance Officer cannot provide the requisite certification, the
Compliance Officer, as an agent of and on behalf of BSCI, shall provide the
Commission with a detailed explanation of: (i) any instances of non-compliance with
this Consent Decree and the Rules, and (ii) the steps that BSCI has taken or will take to
remedy each instance of non-compliance and ensure future compliance, and the
schedule on which proposed remedial actions will be taken. All compliance reports
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 Terry Cavanaugh at
Terry.Cavanaugh@fcc.gov, Pamela S. Kane at Pamela.Kane@fcc.gov, and Edward
Smith at Edward.Smith@fcc.gov.
(h)

Termination Date.

The requirements of this Compliance Plan shall expire thirty-six
(36) months after the Effective Date, except that the requirements of paragraph 17(e)
shall expire thirty-six (36) months after the Effective Date or upon the termination of
the certification requirement set forth in Section 64.2009(e) of the Rules, whichever is
earlier.
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 Act27 against BSCI 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 BSCI with the Communications
Laws.
19.

Voluntary Contribution.

BSCI agrees that it will make a voluntary contribution to the
United States Treasury in the amount of sixteen thousand dollars ($16,000). The contribution will be
made within thirty (30) calendar days after the Effective Date of the Adopting Order. The payment must
be made by check or similar instrument, payable to the Order of the Federal Communications
Commission. The payment must include the Account Number and FRN referenced in the caption to the
Adopting Order. Payment by check or money order may be mailed to the Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by overnight mail may be sent to
U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101. Payment by wire transfer may be made to ABA Number 021030004, receiving bank Federal
Reserve Bank of New York, and account number 27000001. For payments by credit card, an 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


26 See id. § 1.16.
27 See 47 U.S.C. § 208.
7

Federal Communications Commission

DA 12-267

(payment type code). BSCI will also send electronic notification to Terry Cavanaugh at
Terry.Cavanaugh@fcc.gov, Pamela S. Kane at Pamela.Kane@fcc.gov, and Edward Smith at
Edward.Smith@fcc.gov on the date said payment is made.
20.

Waivers.

BSCI 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 Commission issues the Adopting Order adopting the
Consent Decree without change, addition, modification, or deletion. BSCI 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 BSCI nor the Commission shall contest the validity of the Consent Decree or the
Adopting Order, and BSCI shall waive any statutory right to a trial de novo. BSCI hereby agrees to waive
any claims it may otherwise have under the Equal Access to Justice Act,28 relating to the matters
addressed in this Consent Decree.
21.

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.
22.

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 BSCI does not expressly
consent) that provision will be superseded by such Commission rule or order.
23.

Successors and Assigns.

BSCI agrees that the provisions of this Consent Decree shall
be binding on its successors, assigns, and transferees.
24.

Final Settlement.

The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the parties. 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 requirements of the Communications Laws.
25.

Modifications.

This Consent Decree cannot be modified without the advance written
consent of both Parties.
26.

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.
27.

Authorized Representative.

Each Party represents and warrants to the other that it has
full power and authority to enter into this Consent Decree.


28 See 5 U.S.C. § 504; 47 C.F.R. Part 1, Subpart K.
8

Federal Communications Commission

DA 12-267

28.

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.
________________________________
Theresa Z. Cavanaugh
Acting Chief
Investigations and Hearings Division
Enforcement Bureau
________________________________
Date
________________________________
James Garner
Vice President of Operations
Bay Springs Communications, Inc.
________________________________
Date
9

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.