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FCC Settles Lifeline Probe of YourTel; Requires Compliance Measures

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Released: February 26, 2013

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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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

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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(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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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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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.
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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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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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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.
9

Federal Communications Commission

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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