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Federal Communications Commission

DA 13-286

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
File No.:  EB-11-IH-1589
)
Acct. No.:  201332080016
YourTel America, Inc.
)
)
FRN: 0008-4104-09 

ORDER

Adopted:  February 26, 2013

Released:  February 26, 2013

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 and YourTel America, Inc. 
(YourTel).  The Consent Decree terminates and resolves an investigation by the Bureau against YourTel 
for possible violations of Sections 54.403(a), 54.407, 54.409, 54.413, and 54.414 of the Commission’s 
rules (Rules)1 concerning YourTel’s failure to maintain adequate records and to submit accurate claims 
for reimbursement, and the collection of Lifeline and Link Up support to which it was not entitled.
2.
The Bureau and YourTel have negotiated the Consent Decree that resolves this matter, 
including a detailed, three-year compliance plan requirement.  A copy of the Consent Decree 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.
Based solely on the record developed to date in this investigation and in the absence of 
material new evidence relating to this matter, we conclude that the investigation raises no substantial or 
material questions of fact as to whether YourTel possesses the basic qualifications, including those related 
to character, to hold or obtain any Commission license or authorization.  
5.
Accordingly, 

IT IS ORDERED 

that, pursuant to Sections 4(i), 4(j), and 503(b) of the 
Communications Act,2 and Sections 0.111 and 0.311 of the Rules,3 the Consent Decree attached to this 
Order 

IS ADOPTED

.
6.

IT IS FURTHER ORDERED 

that the above-captioned investigation 

IS 

TERMINATED

.
 
 
1 47 C.F.R. §§ 54.403(a), 54.407, 54.409, 54.413, 54.414.
2 47 U.S.C. §§ 154(i), 154(j), 503(b).
3 47 C.F.R. §§ 0.111, 0.311.

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DA 13-286

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 Jonathan D. Lee, Esq., J.D. Lee 
Consulting, LLC, 1776 I Street, N.W., Suite 900, Washington, D.C. 20006.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau 
2

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Federal Communications Commission

DA 13-286

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
File No.:  EB-11-IH-1589
)
YourTel America, Inc.
)
Acct. No.:  201332080016
)
)
FRN:  0008-4104-09

CONSENT DECREE

1.
The Enforcement Bureau of the Federal Communications Commission and YourTel 
America, Inc., by their authorized representatives, hereby enter into this Consent Decree for the purpose 
of terminating the Enforcement Bureau’s investigation into whether YourTel America, Inc. violated 
Sections 54.403(a), 54.407, 54.409, 54.413, and 54.414 of the Commission’s rules,1 concerning the 
company’s failure to maintain adequate records and to submit accurate claims for reimbursement for 
revenues it was forgoing in providing Lifeline and Link Up service, and for the collection of Lifeline and 
Link Up support to which it was not entitled.

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 Bureau adopting the terms of this Consent 
Decree without change, addition, deletion, or modification.
(c) “Bureau” means the Enforcement Bureau of the Federal Communications 
Commission.
(d) “Commission” and “FCC” mean the Federal Communications Commission and all 
of its bureaus and offices.  
(e) “Communications Laws” means collectively, the Act, the Rules, and the published 
and promulgated orders and decisions of the Commission to which YourTel is 
subject by virtue of its business activities. 
(f) “Compliance Plan” means the compliance obligations, programs, and procedures 
described in this Consent Decree at paragraph 14.
(g) “Covered Employees” means all employees and agents of YourTel who perform, or 
supervise, oversee, or manage the performance of, duties that relate to YourTel’s 
responsibilities under the Communications Laws, including the Lifeline Rules.
(h) “Effective Date” means the date on which the Bureau releases the Adopting Order.
 
 
1 47 C.F.R. §§ 54.403(a), 54.407, 54.409, 54.413, 54.414.

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DA 13-286

(i) “ETC” means an eligible telecommunications carrier designated pursuant to 47 
U.S.C. § 214(e).
(j) “Investigation” means the investigation initiated by the Bureau in File No. EB-11-IH-
1589 regarding possible violations of Sections 54.403(a), 54.407, 54.409, 54.413, and 
54.414 of the Rules.
(k) “Lifeline” is a federal benefit program under which an ETC offers a retail 
telecommunications service to qualifying low-income consumers, who pay reduced 
or no monthly service charges as a result of application of the Lifeline support from 
the USF.
(l) “Lifeline Rules” means the federal regulatory obligations concerning the provision of 
Lifeline Service and Link Up Service.
(m) “Lifeline Service” means telecommunications service offered under the Lifeline 
program.
(n) “Link Up” is a federal benefit program under which an ETC offers qualifying low-
income consumers discounts on the initial costs of installing telephone service.
(o) “Link Up Service” means the ETC’s act of commencing telecommunications service 
to a single telecommunications connection offered under the Link Up program.
(p) “Operating Procedures” means the standard, internal operating procedures and 
compliance policies established by YourTel to implement the Compliance Plan.  
(q) “Parties” means YourTel America, Inc. and the Bureau, each of which is a “Party.”
(r) “Rules” means the Commission’s regulations found in Title 47 of the Federal 
Regulations.
(s) “USF” means the Universal Service Fund.
(t) “YourTel” or “Company” means YourTel America, Inc. and its predecessors-in-
interest and successors-in-interest.

II.

BACKGROUND

3.
Lifeline and Link Up are federal benefit programs that ensure the availability of 
telecommunications services for eligible low-income households by providing discounts on basic 
telephone service.2 These programs are part of the USF and help qualifying consumers have the 
opportunities and security that phone service brings, including being able to connect to jobs, family 
members, and emergency services.  Lifeline provides a single discounted wireline or wireless phone 
service to each qualifying low-income consumer’s household.3 Link Up provides some of those 
 
 
2 See 47 C.F.R. §§ 54.400–54.422.
3 47 C.F.R. § 54.401.  See also 47 C.F.R. § 54.400(h) (defining “household” as “any individual or group of 
individuals who are living together at the same address as one economic unit”); Lifeline and Link Up Reform and 
Modernization, Report and Order and Further Notice of Proposed Rulemaking, 27 FCC Rcd 6656, 6760, para. 241 
(2012) (Lifeline Reform Order) (noting that the cost of wireless handsets are not supported by the Lifeline program).
2

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DA 13-286

consumers with discounts on the initial costs of installing telephone service.4 An ETC designated under 
the Act 5 that provides Lifeline or Link Up Service may seek and receive reimbursement from the USF for 
revenues it forgoes in providing the discounted services to eligible customers.6 Section 254(e) of the Act 
provides that an ETC that receives such support “shall use that support only for the provision, 
maintenance, and upgrading of facilities and services for which the support is intended.”7  
4.
The Lifeline Rules establish explicit requirements that ETCs must meet to receive federal 
low-income support.8 Section 54.407(a) of the Rules states that Lifeline support “shall be provided 
directly to an eligible telecommunications carrier, based on the number of actual qualifying low-income 
consumers it serves.”9 The Rules define a “qualifying low-income consumer” as one who—among other 
things—“must not already be receiving a Lifeline service;” in addition, there must not be anyone else in 
the subscriber's household subscribed to a Lifeline service.”10 Section 54.403(a) of the Rules specifies 
that an ETC may receive $9.25 per month for each qualifying low-income consumer receiving Lifeline 
Service and up to an additional $25 per month if the consumer resides on Tribal lands.11 Until April 
2012, each ETC could also receive Link Up support, a one-time reimbursement for installation costs 
associated with each new qualifying consumer’s account.12 ETCs are required to pass these discounts 
along to eligible low-income consumers.  
5.
In addition to verifying customer eligibility,13 ETCs have an ongoing duty to ensure that 
they provide Lifeline service to no more than one qualified consumer per household.14 This obligation 
requires, among other steps, that each ETC search its own internal records before signing up a customer 
for Lifeline Service to ensure that the ETC does not already provide Lifeline Service to someone in the 
same household.15 Additionally, an ETC must implement policies and procedures to ensure that its 
Lifeline subscribers are eligible to receive Lifeline services.16 An ETC receives duplicative support, in 
violation of the Rules, when it concurrently receives Lifeline support or Link Up support for two or more 
subscribers in a household.17
 
 
4 47 C.F.R. § 54.413(a).
5 47 U.S.C. § 254(e) (providing that “only an eligible telecommunications carrier designated under section 214(e) of 
this title shall be eligible to receive specific Federal universal service support”); 47 U.S.C. § 214(e) (prescribing the 
method by which carriers are designated as ETCs).
6 47 C.F.R. § 54.403.
7 47 U.S.C. § 254(e).
8 See 47 U.S.C. § 254(a)–(c), (e); 47 C.F.R. §§ 54.400–54.422.
9 47 C.F.R. § 54.407(a).
10 47 C.F.R. §§ 54.400(a), 54.409(c).
11 47 C.F.R. § 54.403(a).
12 See 47 C.F.R. § 54.413(a) (amended effective April 1, 2012, to restrict Link Up support to ETCs serving eligible 
residents of Tribal lands for which the ETCs also receive high-cost support); see also 47 C.F.R. § 54.414 (setting 
forth requirements for ETC reimbursement for Tribal Link Up provided pursuant to Section 54.413 of the Rules).
13 ETCs must obtain a certification, under penalty of perjury, that the consumer and the other members of his or her 
household do not already receive Lifeline-supported service.  See 47 C.F.R. § 54.410(d)(3)(vi).
14 See Lifeline and Link Up Reform and Modernization, Report and Order, 26 FCC Rcd 9022, 9026, para. 7 (2011) 
(Lifeline Duplicates Order).
15 See Lifeline Reform Order, 27 FCC Rcd at 6691, para. 78.
16 47 C.F.R. § 54.410(a).
17 47 C.F.R. § 54.400(g).
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Federal Communications Commission

DA 13-286

6.
The Universal Service Administrative Company (USAC) administers the Lifeline and 
Link Up programs.  ETCs that provide qualifying low-income consumers with Lifeline or Link Up 
discounts file FCC Form 497 with USAC, either quarterly or monthly, to request support that reimburses 
them for providing service at the discounted rates.  An ETC’s FCC Form 497 documents the number of 
low-income customers served and the total amount of Lifeline support claimed by the ETC during the 
specified time period.  USAC reviews the claims for reimbursement for consistency with the Lifeline 
Rules, and then disburses support to the ETC in accordance with its review.  An ETC may revise its Form 
497 data within 12 months after it is submitted.  In addition to reviewing claims submitted by ETCs, 
USAC conducts oversight audits and in-depth validations (IDVs) to ensure compliance with the Lifeline 
Rules.  In 2011, the Commission directed USAC to begin conducting IDVs relating to Lifeline support 
after oversight audits had revealed that several ETCs were seeking duplicative support.18
7.
On December 19, 2003, the Oklahoma Corporation Commission (Oklahoma 
Commission) designated YourTel, a Missouri corporation headquartered in Oklahoma, as an ETC to 
provide wireline Lifeline and Link Up Service in that state.  The Oklahoma Commission authorized 
YourTel to provide wireless Lifeline and Link Up Service in Oklahoma on August 18, 2011.19
8.
On December 8, 2011, Bureau staff issued a Letter of Inquiry (LOI) to YourTel 
concerning the company’s Lifeline compliance.20 YourTel submitted a response to the LOI on January 
13, 2012.21  USAC conducted an IDV of the Lifeline benefits received by YourTel in Oklahoma for the 
month of June, 2012.  The IDV revealed that YourTel had received duplicative Lifeline and Link Up 
support to such extent that further inquiry was warranted.  Based on the IDV results, Bureau staff issued 
follow-up questions to YourTel on August 23, 2012.22 The company submitted responses on September 
6, 2012, and supplemented its responses several times thereafter.23

III.

TERMS OF AGREEMENT

9.

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.
10.

Jurisdiction. 

YourTel 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.
 
 
18 See Lifeline Duplicates Order, 26 FCC Rcd at 9026, para. 7.
19 See Oklahoma Corporation Commission, “Eligible Telecommunications Carriers,” 
http://www.occeweb.com/pu/ETC%20Designation/2012-11-01ETCInformationreport.pdf (last visited Feb. 22, 
2013).  YourTel also provides Lifeline service in Illinois, Kansas, Maine, Missouri, Pennsylvania, Rhode Island and 
Washington.
20 See Letter of Inquiry from Theresa Z. Cavanaugh, Chief, Investigations and Hearings Division, FCC Enforcement 
Bureau, to David A. Garza, YourTel (dated Dec. 8, 2011) (LOI).
21 YourTel LOI Responses (dated Jan. 13, 2012) (LOI Initial Response).
22 See Email from Mindy Littell, Investigations and Hearings Division, FCC Enforcement Bureau, to Jonathan D. 
Lee, Esq., Counsel for YourTel (dated Aug. 23, 2012) (Clarification Request Email).
23 See YourTel LOI Responses to Clarification Request Email of August 23, 2012 (dated Sept. 6, 2012) 
(Supplemental LOI Response).   See also supplemental responses submitted by YourTel on Sept. 21, Oct. 22, Oct. 
23, Oct. 24, Nov. 5, Dec. 5, and Dec. 14, 2012.
4

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Federal Communications Commission

DA 13-286

11.

Effective Date; Violations.  

The Parties agree that this Consent Decree shall become 
effective on the Effective Date.  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 Commission to exercise any rights and remedies attendant to the enforcement of a 
Commission order.
12.

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 this regard, YourTel expressly represents that it is unaware of any 
intentional effort to submit inaccurate Form 497 data to USAC in order to obtain duplicative support.  In 
consideration for the termination of the Investigation, YourTel 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 YourTel concerning the matters that were the subject of the 
Investigation.  The Bureau also agrees that, based solely on the record developed to date in this 
Investigation, and 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 YourTel with 
respect to YourTel’s basic qualifications, including its character qualifications, to be a Commission 
licensee or hold Commission authorizations.
13.

Compliance Officer. 

Within thirty (30) calendar days after the Effective Date, YourTel 
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 YourTel 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 Lifeline Rules prior to assuming his/her duties.
14.

Compliance Plan. 

For purposes of settling the matters set forth herein, YourTel 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, and with the 
terms and conditions of this Consent Decree.  With respect to the Lifeline Rules, YourTel  shall 
implement the following components:  
(a) 

Operating Procedures

.  Within sixty (60) calendar days after the Effective Date, 
YourTel shall establish Operating Procedures that all Covered Employees shall follow 
to help ensure YourTel’s compliance with the Lifeline Rules.  In addition to 
implementing the required policies and procedures in Section 54.410 of the Rules, 
YourTel’s Operating Procedures shall include internal procedures and policies 
specifically designed to ensure that YourTel keeps accurate records of revenues it 
forgoes in providing Lifeline Service; that it provide Lifeline Service only to 
qualifying low-income consumers; and that it submits accurate claims for 
reimbursement for providing Lifeline Service.  YourTel shall also develop a 
Compliance Checklist that describes the steps that a Covered Employee must follow to 
ensure compliance with the Lifeline 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 
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DA 13-286

Employees.  The Compliance Manual shall explain the Communications Laws that 
apply to YourTel, including the Lifeline Rules, and set forth the Operating Procedures 
that Covered Employees shall follow to help ensure YourTel’s compliance with the 
Lifeline Rules.  YourTel shall periodically review and revise the Compliance Manual 
as necessary to ensure that the information set forth therein remains current and 
accurate.  YourTel shall distribute any revisions to the Compliance Manual promptly 
to Covered Employees.  The Compliance Manual will require personnel, including 
Covered Employees, to contact YourTel’s Compliance Officer and, if appropriate, 
regulatory legal counsel, with any questions or concerns that arise with respect to 
YourTel’s obligations under the Lifeline Rules.  
(c) 

Compliance Training Program. 

YourTel shall establish and implement a 
Compliance Training Program on compliance with the Communications Laws, 
including the Lifeline Rules, and the Operating Procedures.  As part of the Compliance 
Training Program, Covered Employees shall be advised of YourTel’s obligation to 
report any noncompliance with the Lifeline Rules under paragraph 15 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 Compliance Training 
Program shall be trained within thirty (30) calendar days after the date such person 
becomes a Covered Employee.  YourTel 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.
15.

Reporting Noncompliance

.  YourTel shall report any noncompliance with the Lifeline 
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 
noncompliance; (ii) the steps that YourTel 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 YourTel 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 3-C330, 445 12th Street, S.W. Washington, D.C. 20554, with a 
copy submitted electronically to Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov, Pamela S. Kane at 
Pamela.Kane@fcc.gov, William Kehoe at William.Kehoe@fcc.gov, and Mindy Littell at 
Mindy.Littell@fcc.gov.  
16.

Compliance Reports

.  YourTel shall file Compliance Reports with the Commission 
ninety (90) calendar days after the Effective Date, twelve (12) months after the Effective Date, twenty-
four (24) months after the Effective Date, and thirty-six (36) months after the Effective Date.
(a) Each Compliance Report shall include a detailed description of YourTel’s efforts 
during the relevant period to comply with the terms and conditions of this Consent 
Decree and the Lifeline Rules.  In addition, each Compliance Report shall include a 
certification by the Compliance Officer, as an agent of and on behalf of YourTel,
stating that the Compliance Officer has personal knowledge that YourTel (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 15 of this Consent 
Decree.
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(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 
Rules24 and be subscribed to as true under penalty of perjury in substantially the form 
set forth in Section 1.16.
(c) If the Compliance Officer cannot provide the requisite certification, the Compliance 
Officer, as an agent of and on behalf of YourTel, 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 YourTel 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 YourTel 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, S.W., Washington, D.C. 20554, with a copy submitted 
electronically to Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov, Pamela S. 
Kane at Pamela.Kane@fcc.gov, William Kehoe at William.Kehoe@fcc.gov, and 
Mindy Littell at Mindy.Littell@fcc.gov.
17.

Termination Date.  

Unless stated otherwise, the obligations set forth in paragraphs 13 
through 16 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.
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 Act25 against YourTel 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 YourTel with the Communications 
Laws.
19.

Reimbursement to the Universal Service Fund. 

YourTel agrees that it shall reimburse 
the Universal Service Fund in an amount totaling Thirty-Seven Thousand Eight Hundred Eighty-six 
dollars ($37,886), which constitutes the amount of support received by the Company to which it was not 
entitled, plus accrued interest (Reimbursement Payment).  YourTel represents that it has submitted to 
USAC revised Form 497 reimbursement requests, and other appropriate documentation, to enable 
recovery of this Reimbursement Payment (except that the accrued interest portion of the Reimbursement 
Payment shall be made to USAC within thirty (30) calendar days after the Effective Date).  YourTel 
acknowledges and agrees that upon execution of this Consent Decree, the Reimbursement Payment shall 
become a “Claim” or “Debt” as defined in 31 U.S.C. § 3701(b)(1).26
20.

Voluntary Contribution.  

YourTel agrees that it will make a voluntary contribution to 
the United States Treasury in the aggregate amount of One Hundred Sixty Thousand dollars ($160,000) 
(Voluntary Contribution).  Such Voluntary Contribution shall be made in installments (each an 
 
 
24 47 C.F.R. § 1.16.
25 47 U.S.C. § 208.
26 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
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Installment Payment).  The first Installment Payment in the amount of Forty Thousand dollars ($40,000)
is due within thirty (30) calendar days after the Effective Date.  The balance of the Voluntary 
Contribution will be made in three payments of Forty Thousand dollars ($40,000), payable on July 1, 
2013, October 1, 2013, with the final payment due on January 1, 2014 (Maturity Date).  YourTel 
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. § 3701(b)(1).27  
Upon an Event of Default (as defined below), all procedures for collection as permitted by law may, at the 
Commission’s discretion, be initiated.  In addition, YourTel 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.  YourTel shall also send electronic notification of payment to Theresa Z. Cavanaugh at 
Terry.Cavanaugh@fcc.gov, Pamela S. Kane at Pamela.Kane@fcc.gov, William Kehoe at 
William.Kehoe@fcc.gov, and Mindy Littell at Mindy.Littell@fcc.gov on the date said Installment 
Payment is made.  The Installment Payment must be made by check or similar instrument, wire 
transfer, or credit card, and must include the Account number and FRN referenced above.  Regardless of 
the form of payment, a completed FCC Form 159 (Remittance Advice) must be submitted.28 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 
you should follow based on the form of payment you select:
·
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.
If you have questions regarding payment procedures, please contact the Financial Operations Group Help 
Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
21.

Event of Default

.  YourTel agrees that an Event of Default shall occur upon the failure 
by YourTel to pay the full amount of any Installment Payment on or before the due date specified in this 
Consent Decree.
22.

Interest, Charges for Collection, and Acceleration of Maturity Date

.  After an Event 
of Default has occurred under this Consent Decree, the then unpaid amount of the Voluntary 
Contribution shall accrue interest, computed using the U.S. Prime Rate in effect on the date of the Event 
of Default plus 4.75 percent, from the date of the Event of Default until payment in full.  Upon an Event 
 
 
27 Id.
28 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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DA 13-286

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. § 3717 and 
administrative charge(s), plus the costs of collection, litigation, and attorneys’ fees, shall become 
immediately due and payable, without notice, presentment, demand, protest, or notice of protest of any 
kind, all of which are waived by YourTel.
23.

Waivers.  

YourTel 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 
herein.  YourTel 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 YourTel nor the Commission shall 
contest the validity of the Consent Decree or the Adopting Order, and YourTel shall waive any statutory 
right to a trial de novo.  YourTel hereby agrees to waive any claims it may otherwise have under the 
Equal Access to Justice Act,29 relating to the matters addressed in this Consent Decree.
24.

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.
25.

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 YourTel does not expressly 
consent) that provision will be superseded by such Rule or Commission order.
26.

Successors and Assigns. 

YourTel agrees that the provisions of this Consent Decree shall 
be binding on its successors, assigns, and transferees.  
27.

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, or 
any other laws.  The Parties also agree that this Consent Decree does not constitute an admission of 
liability by YourTel or a concession by the Commission that its investigation was not well-founded.  
28.

Modifications. 

This Consent Decree cannot be modified without the advance written 
consent of both Parties.
29.

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.
30.

Authorized Representative.  

The individual signing this Consent Decree on behalf of 
YourTel represents and warrants that he is authorized by YourTel to execute this Consent Decree and to 
bind YourTel to the obligations set forth herein.  The FCC signatory represents that she is signing this 
Consent Decree in her official capacity and that she is authorized to execute this Consent Decree.
 
 
29 See 5 U.S.C. § 504; 47 C.F.R. Part 1, Subpart K.
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DA 13-286

31.

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.
________________________________
P. Michele Ellison 
Chief
Enforcement Bureau 
________________________________
Date
________________________________
Dale R. Schmick
Vice President
YourTel America, Inc.
________________________________
Date
10

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