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Lightyear to Pay $475K and Adopt Robust Compliance Plan in USF Case

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Released: September 23, 2013

Federal Communications Commission

DA 13-1953

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
File No.: EB-08-IH-1374
)
Lightyear Network Solutions, LLC.
)
Acct. No.: 201332080020
)
)
FRN: 0010045128

ORDER

Adopted: September 23, 2013

Released: September 23, 2013
By the Acting 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 Lightyear Network
Solutions, LLC (Lightyear). The Consent Decree terminates and resolves an investigation by the Bureau
into whether Lightyear violated Sections 251 and 254 of the Communications Act of 1934, as amended,1
and Sections 1.1157, 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 North American
Numbering Plan and Local Number Portability administration.
2.
A copy of the Consent Decree negotiated by the Bureau and Lightyear, which includes a
three-year compliance plan requirement, 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 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 the
investigation raises no substantial or material questions of fact as to whether Lightyear 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
Act,3 and Sections 0.111 and 0.311 of the Rules,4 the Consent Decree attached to this Order

IS
ADOPTED

.
6.

IT IS FURTHER ORDERED

that the above-captioned investigation

IS

TERMINATED

.

1 47 U.S.C. 251, 254.
2 47 C.F.R. 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, 64.1195.
3 47 U.S.C. 154(i), 154(j), 503(b).
4 47 C.F.R. 0.111, 0.311.

Federal Communications Commission

DA 13-1953

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 Douglas D. Orvis II, Counsel for
Lightyear Network Solutions, LLC, Bingham McCutchen, LLP, 2020 K Street, N.W., Washington, D.C.
20006-1806.
FEDERAL COMMUNICATIONS COMMISSION
Robert H. Ratcliffe
Acting Chief, Enforcement Bureau
2

Federal Communications Commission

DA 13-1953

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
File No.: EB-08-IH-1374
)
Lightyear Network Solutions, LLC
)
Acct. No.: 201332080020
)
)
FRN: 0010045128

CONSENT DECREE

1.
The Enforcement Bureau of the Federal Communications Commission and Lightyear
Network Solutions, LLC, by their authorized representatives, hereby enter into this Consent Decree for
the purpose of terminating the Enforcement Bureau's investigation into whether Lightyear violated
Sections 251 and 254 of the Communications Act of 1934, as amended,1 and Sections 1.1157, 52.17,
52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules2 concerning various regulatory fee
and reporting obligations, as well as required contributions to the Universal Service Fund, the
Telecommunications Relay Service Fund, and North American Numbering Plan and Local Number
Portability administration.

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) "Assignment" means a transaction that changes the entity holding Lightyear's
authority under Section 214.
(d) "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
(e) "Commission" and "FCC" means 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 Lightyear is
subject by virtue of its business activities, including but not limited to the Federal
Regulatory Reporting and Contribution Rules.
(g) "Compliance Plan" means the compliance obligations, programs, and procedures
described in this Consent Decree at paragraph 12.

1 47 U.S.C. 251, 254.
2 47 C.F.R. 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, 64.1195.

Federal Communications Commission

DA 13-1953

(h) "Covered Employees" means all employees and agents of Lightyear who perform, or
supervise, oversee, or manage the performance of, duties that relate to Lightyear's
responsibilities under the Communications Laws, including the Federal Regulatory
Reporting and Contribution Rules.
(i) "Effective Date" means the date on which the Bureau releases the Adopting Order.
(j) "Federal Regulatory Reporting and Contribution Rules" mean Sections 251 and 254
of the Act, and Sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of
the Rules, and other provisions of the Act, the Rules, and Commission orders
governing related federal regulatory reporting and contribution obligations.
(k) "Investigation" means the investigation initiated by the Bureau in File No.
EB-08-IH-1374 regarding possible violations of the Federal Regulatory Reporting
and Contribution Rules.
(l) "LNP" means Local Number Portability.
(m) "Lightyear" or "Company" means Lightyear Network Solutions, LLC and its
affiliates, subsidiaries, predecessors-in-interest, and successors-in-interest.
(n) "NANP" means the North American Numbering Plan.
(o) "Operating Procedures" mean the standard, internal operating procedures and
compliance policies established by Lightyear to implement the Compliance Plan.
(p) "Parties" mean Lightyear Network Solutions, LLC and the Bureau, each of which is a
"Party."
(q) "Rules" mean the Commission's regulations found in Title 47 of the Code of Federal
Regulations.
(r) "Section 214" means Section 214 of the Act and other Communications Laws
governing the construction, acquisition, operation, or transmission of lines of
communication, including any Rules implementing Section 214 and any related
Commission orders.
(s) "Transfer of Control" means a transaction that changes control of Lightyear's
authority under Section 214.
(t) "TRS" means Telecommunications Relay Services.
(u) "Substantial Transfer of Control or Assignment" means a "Transfer of Control" or
"Assignment" requiring prior Commission approval pursuant to Section 214.
(v) "USF" means the Universal Service Fund.
2

Federal Communications Commission

DA 13-1953

II.

BACKGROUND

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.3 Pursuant to Section 64.604 of the Rules, providers of
interstate telecommunications services are required to contribute to the Telecommunications Relay
Services Fund.4 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.5 Pursuant to Section 1.1157 of the Rules, interstate
telecommunications carriers are required to pay regulatory fees.6
4.
Lightyear is based in Kentucky and provides local and long distance telephone services,
interconnected VoIP service, DSL, wireless phone service, and prepaid calling cards services. In July
2008, the Universal Service Administrative Company (USAC) requested that the Bureau investigate
Lightyear for potential enforcement action, alleging Lightyear had failed to comply with the
Commission's USF contribution and reporting rules.
5.
The Bureau issued a Letter of Inquiry (LOI) to Lightyear requesting information about
Lightyear's compliance with its regulatory obligations.7 Specifically, the LOI sought information
concerning Lightyear's contributions to the USF, TRS Fund, and cost recovery mechanisms for NANP
and LNP administration and all invoiced regulatory fees. Lightyear responded to the LOI,8 and the
Bureau subsequently requested updated and additional information in a second LOI.9 Lightyear
responded to this second LOI and later supplemented its response.10 The Parties thereafter entered into
settlement discussions.
6.
As of the Effective Date, Lightyear has paid all invoiced amounts to the USF, TRS Fund,
and cost recovery mechanisms for NANP and LNP administration and all invoiced regulatory fees, as
discussed above.

3 47 U.S.C. 254(d); 47 C.F.R. 54.706, 54.711.
4 47 U.S.C. 225(b)(1); 47 C.F.R. 64.604.
5 47 U.S.C. 251(e); 47 C.F.R. 52.17, 52.32.
6 47 U.S.C. 159(a)(1); 47 C.F.R. 1.1157.
7 Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, to
J. Sherman Henderson III, Chief Executive Officer, Lightyear Network Solutions, Inc. (July 30, 2008) (on file in
EB-08-IH-1374).
8 Letter from Douglas D. Orvis II, Counsel for Lightyear Network Solutions, Inc., to Marlene H. Dortch, Secretary,
Federal Communications Commission (Sept. 5, 2008) (on file in EB-08-IH-1374).
9 Letter from Theresa Z. Cavanaugh, Chief, Investigations and Hearings Division, Enforcement Bureau, to Douglas
D. Orvis II, Counsel for Lightyear Network Solutions, Inc., Bingham McCutchen LLP (Aug. 29, 2012) (on file in
EB-08-IH-1374).
10 Letter from Douglas D. Orvis II, Counsel for Lightyear Network Solutions, Inc., Bingham McCutchen LLP, to
Joy Ragsdale, Attorney, Federal Communications Commission (Oct. 12, 2012) (on file in EB-08-IH-1374).
3

Federal Communications Commission

DA 13-1953

III.

TERMS OF AGREEMENT

7.

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.
8.

Jurisdiction.

Lightyear 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.
9.

Effective Date; Violations.

The Parties agree that this Consent Decree shall become
effective on the Effective Date as defined herein. As of the Effective Date, the Adopting Order and this
Consent Decree shall have the same force and effect as any other order of the Commission. Any violation
of the Adopting Order or of the terms of this Consent Decree shall constitute a separate violation of a
Commission order, entitling the Commission to exercise any rights and remedies attendant to the
enforcement of a Commission order.
10.

Termination of Investigation.

In express reliance on the covenants and representations
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to
terminate the Investigation. In consideration for termination of the Investigation, Lightyear 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 Lightyear concerning the matters that were the
subject of the Investigation. The Bureau also agrees that in the absence of new material evidence it will
not use the facts developed in this Investigation through the Effective Date, or the existence of this
Consent Decree, to institute on its own motion any proceeding, formal or informal, or take any action on
its own motion against Lightyear with respect to Lightyear's basic qualifications, including its character
qualifications, to be a Commission licensee or hold Commission licenses or authorizations.
11.

Compliance Officer.

Within thirty (30) calendar days after the Effective Date, Lightyear
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 Lightyear 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 Federal Regulatory Reporting and Contribution Rules prior to assuming his/her duties.
12.

Compliance Plan.

For purposes of settling the matters set forth herein, Lightyear 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 Federal Regulatory Reporting and
Contribution Rules, Lightyear shall implement the following procedures:
(a)

Operating Procedures.

Within sixty (60) calendar days after the Effective Date,
Lightyear shall establish Operating Procedures that all Covered Employees must
follow to help ensure Lightyear's compliance with the Federal Regulatory Reporting
and Contribution Rules. Lightyear's Operating Procedures shall include internal
procedures and policies specifically designed to ensure that Lightyear complies with
the Federal Regulatory Reporting and Contribution Rules. Lightyear shall also
develop a Compliance Checklist that describes the steps a Covered Employee must
4

Federal Communications Commission

DA 13-1953

follow to ensure compliance with the Federal Regulatory Reporting and Contribution
Rules.
(b)

Compliance Manual.

Within sixty (60) calendar days after the Effective Date, the
Compliance Officer shall develop and distribute a Compliance Manual to all Covered
Employees. The Compliance Manual shall explain the Federal Regulatory Reporting
and Contribution Rules, and set forth the Operating Procedures that Covered
Employees shall follow to help ensure Lightyear's compliance with the Federal
Regulatory Reporting and Contribution Rules. Lightyear shall periodically review and
revise the Compliance Manual as necessary to ensure that the information set forth
therein remains current and accurate. Lightyear shall distribute any revisions to the
Compliance Manual promptly to Covered Employees.
(c)

Compliance Training Program.

Lightyear shall establish and implement a
Compliance Training Program on compliance with the Federal Regulatory Reporting
and Contribution Rules and the Operating Procedures. As part of the Compliance
Training Program, Covered Employees shall be advised of Lightyear's obligation to
report any noncompliance with the Federal Regulatory Reporting and Contribution
Rules under paragraph 13 of this Consent Decree and shall be instructed on how to
disclose noncompliance to the Compliance Officer. All Covered Employees shall be
trained pursuant to the Compliance Training Program within sixty (60) calendar days
after the Effective Date. Any person who becomes a Covered Employee at any time
after the Initial Training Program shall be trained within thirty (30) calendar days after
the date such person becomes a Covered Employee. Lightyear shall conduct
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.
13.

Reporting Noncompliance.

Lightyear shall report any noncompliance with the Federal
Regulatory Reporting and Contribution 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 Lightyear 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 Lightyear 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, William A. Kehoe at William.Kehoe@fcc.gov, and Joy M. Ragsdale at
Joy.Ragsdale@fcc.gov.
14.

Compliance Reports.

Lightyear 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 Lightyear's efforts
during the relevant period to comply with the terms and conditions of this Consent
Decree and the Federal Regulatory Reporting and Contribution Rules. In addition,
each Compliance Report shall include a certification by the Compliance Officer, as
an agent of and on behalf of Lightyear, stating that the Compliance Officer has
personal knowledge that Lightyear (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
5

Federal Communications Commission

DA 13-1953

set forth in paragraph 13 of this Consent Decree.
(b) The Compliance Officer's certification shall be accompanied by a statement
explaining the basis for such certification and shall comply with Section 1.16 of the
Rules and be subscribed to as true under penalty of perjury in substantially the form
set forth therein.11
(c) If the Compliance Officer cannot provide the requisite certification, the Compliance
Officer, as an agent of and on behalf of Lightyear, 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 Lightyear 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 Lightyear 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, William A.
Kehoe at William.Kehoe@fcc.gov, and Joy M. Ragsdale at Joy.Ragsdale@fcc.gov.
15.

Termination Date.

Unless stated otherwise, the obligations set forth in paragraphs 11
through 14 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.
16.

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 Act12 against Lightyear 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 Lightyear with the Communications
Laws.
17.

Voluntary Contribution.

Lightyear agrees that it will make a voluntary contribution to
the United States Treasury in the amount of Four Hundred Seventy-Five Thousand dollars ($475,000)
(Voluntary Contribution). Such Voluntary Contribution shall be made in installments (each an
Installment Payment). The first Installment Payment in the amount of Ten Thousand Dollars ($10,000) is
due within thirty (30) calendar days after the Effective Date. Thereafter, an Installment Payment of Ten
Thousand Dollars ($10,000) is due and payable on the first day of each consecutive succeeding month for
eleven months. Thereafter, an Installment Payment of Twenty Thousand Dollars ($20,000) is due and
payable on the first day of each consecutive succeeding month for eleven months. The balance of the
Voluntary Contribution in the amount of One Hundred and Thirty Five Thousand Dollars ($135,000) is
due and payable on August 1, 2015 (Maturity Date). Lightyear 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).13 Upon an Event of Default (as defined

11 47 C.F.R. 1.16.
12 47 U.S.C. 208.
13 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
6

Federal Communications Commission

DA 13-1953

below), all procedures for collection as permitted by law may, at the Commission's discretion, be
initiated. In addition, Lightyear 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. Lightyear shall
also send electronic notification of payment to Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov,
William A. Kehoe at William.Kehoe@fcc.gov, and Joy M. Ragsdale at Joy.Ragsdale@fcc.gov on the
date said Installment Payments are made.
18.

Substantial Transfer of Control or Assignment.

Lightyear agrees that, notwithstanding
paragraph 17 of this Consent Decree, the entire unpaid amount of the Voluntary Contribution shall
become due and payable no later than 30 days after Lightyear consummates a Substantial Transfer of
Control or Assignment within the meaning of Section 63.24(e)(4) of the Rules.
19.
Installment Payments 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.14 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:
(a) 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.
(b) 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.
(c) Payment by credit card must be made by providing the required credit card information on
FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment.
The completed Form 159 must then be mailed to Federal Communications Commission, P.O.
Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101.
Questions regarding payment procedure should be addressed to the Financial Operations Group Help
Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
20.

Event of Default.

Lightyear agrees that an Event of Default shall occur upon the failure
by Lightyear to pay the full amount of any Installment Payment on or before the due dates specified in
this Consent Decree. Lightyear also agrees that an Event of Default shall occur upon the failure by
Lightyear to comply with Paragraph 21 of this Consent Decree.
21.

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

14 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
7

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DA 13-1953

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 Lightyear.
22.

Waivers.

Lightyear 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. Lightyear 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 Lightyear nor the Commission shall
contest the validity of the Consent Decree or the Adopting Order, and Lightyear shall waive any
statutory right to a trial de novo. Lightyear hereby agrees to waive any claims it may otherwise have
under the Equal Access to Justice Act,15 relating to the matters addressed in this Consent Decree.
23.

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.
24.

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 Lightyear does not expressly
consent) that provision will be superseded by such Rule or Commission order.
25.

Successors and Assigns.

Lightyear agrees that the provisions of this Consent Decree
shall be binding on its successors, assigns, and transferees.
26.

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.
27.

Modifications.

This Consent Decree cannot be modified without the advance written
consent of both Parties.
28.

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.
29.

Authorized Representative.

The individual signing this Consent Decree on behalf of
Lightyear represents and warrants that he is authorized by Lightyear to execute this Consent Decree and
to bind Lightyear to the obligations set forth herein. The FCC signatory represents that he is signing this
Consent Decree in his official capacity and that he is authorized to execute this Consent Decree.

15 5 U.S.C. 504; 47 C.F.R. Part 1, Subpart K.
8

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DA 13-1953

30.

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.
________________________________
Robert H. Ratcliffe
Acting Chief
Enforcement Bureau
________________________________
Date
________________________________
Stephen Lochmueller
Chief Executive Officer
Lightyear Network Solutions, Inc.
________________________________
Date
9

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