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Silv Communication Inc. to Pay $1M to Settle Slamming Investigation

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Released: July 31, 2013

Federal Communications Commission

DA 13-1665

Before the

Federal Communications Commission

Washington, DC 20554

)
File No.: EB-TCD-12-000003961

In the Matter of
)
)

Acct. No.: 20132170002
Silv Communication Inc.
)
)

FRN: 0006087761
)

ORDER

Adopted: July 31, 2013

Released: July 31, 2013

By the Acting Chief, Enforcement Bureau:
In this Order, we adopt the attached Consent Decree entered into between the Enforcement
Bureau (Bureau) of the Federal Communications Commission (Commission) and Silv Communication
Inc. (Silv or Company). The Consent Decree terminates the investigation initiated by the Bureau
regarding Silv's compliance with Sections 201(b) and 258 of the Communications Act of 1934, as
amended,2 and Section 64.1120 of the Commission's rules.3
The Bureau and Silv have negotiated the terms of the Consent Decree that resolves these matters.
A copy of the Consent Decree is attached hereto and incorporated by reference.
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 referenced
investigation.
In the absence of material new evidence relating to this matter, we conclude that the Bureau's
investigation raises no substantial or material questions of fact as to whether Silv possesses the basic
qualifications, including those related to character, to hold or obtain any Commission license, certification
or authorization.
Accordingly,

IT IS ORDERED

, pursuant to Section 4(i), 4(j) and 503(b) of the Communications
Act of 1934, as amended,4 and Sections 0.111 and 0.311 of the Commission's rules,5 the attached Consent
Decree

IS ADOPTED

.

IT IS FURTHER ORDERED

that the above-captioned matter

IS TERMINATED

.


1 This case was formerly assigned the File No. EB-09-TC-443. In January 2011, the Telecommunications
Consumers Division assigned a new case number.
2 47 U.S.C 201(b), 258.
3 47 C.F.R. 64.1120.
4 47 U.S.C. 154(i), 154(j), 503(b).
5 47 C.F.R. 0.111, 0.311.

Federal Communications Commission ___________DA 13-1665

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 G. Bonner, Drinker Biddle & Reath,
1500 K Street, NW, Washington, DC 20005-1209.
FEDERAL COMMUNICATIONS COMMISSION
Robert H. Ratcliffe
Acting Chief, Enforcement Bureau
2

Federal Communications Commission

DA 13-1665

Before the

Federal Communications Commission

Washington, DC 20554

)
In the Matter of
)
File No.: EB-TCD-12-000003966
)
Silv Communication Inc.
)
NAL/Account No.: 201032170002
)
)

FRN: 0006087761

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission, and Silv Communication
Inc., by their authorized representatives, hereby enter into this Consent Decree for the purpose of
terminating the Bureau's investigation into potential violations by Silv Communication Inc. of Sections
201(b) and 258 of the Communications Act of 1934, as amended,7 and Section 64.1120 of the
Commission's rules.8

I.

DEFINITIONS

1.
For the purposes of this Consent Decree, the following definitions shall apply:
a) "Act" or "Communications 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) "Affiliate" shall have the same meaning defined in Section 153(2) of the
Communications Act, 47 U.S.C. 153(2).
d) "Bureau" means the Enforcement Bureau of the Federal Communications Commission.
e) "Commission" and "FCC" mean the Federal Communications Commission and all of its
bureaus and offices.
f)
"Communications Laws" means, collectively, the Act, the Rules, and the published and
promulgated orders and decisions of the Commission to which Silv is subject by virtue of
its business activities, including but not limited to Section 258 of the Act and Sections
64.1100-64.1195 of the Commission's Rules.


6 This case was formerly assigned the file number EB-09-TC-443. In January 2012, the Telecommunications
Consumers Division assigned the case a new number
7 47 U.S.C. 201(b), 258.
8 47 C.F.R. 64.1120.

Federal Communications Commission ___________DA 13-1665

g) "Compliance Plan" means the compliance obligations, programs, and procedures
described in this Consent Decree at paragraph 9.
h) "Consumer Complaint" means any complaint or inquiry Silv receives from a consumer, a
billing aggregator, a local exchange carrier, the Better Business Bureau, or a federal or
state regulatory agency alleging that Silv has changed the consumer's preferred carrier
without authorization, a practice commonly known as "slamming," or that the consumer
was misled about the nature of Silv's services or identity during the marketing of such
services.
i) "Covered Employees" means all employees and agents of Silv who perform, or
supervise, oversee, or manage the performance of, duties that relate to Silv's
responsibilities under the Slamming Rules and this Consent Decree, and includes
Customer Service Representatives, Sales Representatives, and Verifiers.
j) "Customer Service Representative" means an individual or entity whom Silv engages, as
an employee, independent contractor, or otherwise, to address and resolve Consumer
Complaints.
k) "Effective Date" means the date on which the Bureau releases the Adopting Order.
l) "Investigation" means the investigation commenced by the Bureau's letter of inquiry,
dated September 25, 2009,9 regarding Silv's possible noncompliance with Sections 201
and 258 of the Act and Section 64.1120 of the Commission's rules.
m) "Operating Procedures" means the standard, internal operating procedures and
compliance policies established by Silv to implement the Compliance Plan.
n) "Parties" means Silv and the Bureau, each of which is a "Party."
o) "Rules" means the Commission's regulations found in Title 47 of the Code of Federal
Regulations.
p) "Sales Representative" means each individual or entity whom Silv engages, as an
employee, independent contractor, or otherwise, to sell, or attempt to sell, its services.
q) "Silv" or "Company" means Silv Communication Inc., its Affiliates, and its
predecessors-in-interest and successors-in-interest.
r) "Slamming Rules" means the Rules set forth at 47 C.F.R. 64.1120 et seq.
s) "Verifier" means each individual or entity whom Silv engages, as an employee,
independent contractor, or otherwise, to verify, or attempt to verify, that any buyer or
potential buyer of a Silv service has, in fact, authorized the purchase of such service.


9 Letter from Kimberly A. Wild, Assistant Division Chief, Telecommunications Consumers Division, FCC
Enforcement Bureau, to Maria Zepeda, Vice President, Silv Communication Inc. (Sept. 25, 2009) (on file in EB-
TCD-12-00000396) (LOI).
2

Federal Communications Commission ___________DA 13-1665

t) "Voluntary Contribution" means the payment made by Silv to the United States Treasury
pursuant to this agreement and described at paragraph 14 of this consent decree.

II.

BACKGROUND

2.
Section 258 of the Act prohibits the practice of "slamming," the submission or execution
of an unauthorized change in a subscriber's selection of a provider of telephone exchange service or
telephone toll service.10 Under Section 258 of the Act, it is unlawful for any telecommunications carrier
to "submit or execute a change in a subscriber's selection of a provider of telephone exchange service or
telephone toll service except in accordance with such verification procedures as the Commission shall
prescribe."11 In December 1998, the Commission adopted rules to implement section 258 of the Act.12
3.
Silv is an interexchange carrier, based in Los Angeles, California. After reviewing
numerous informal complaints filed with the Commission alleging that Silv submitted preferred carrier
changes on behalf of consumers without authorization, the Bureau sent a LOI to Silv on September 25,
2009.13 The LOI directed Silv to provide information regarding its telemarketing and third party
verification practices, as well as copies of any complaints Silv received from January 1, 2008, to the date
of the LOI alleging that the preferred carrier for a consumer's local, intraLATA toll, or long distance
services were changed without the consumer's permission. Silv responded to the Bureau's LOI on
October 22, 2009.14 To clarify the record further, the Bureau issued a Second LOI to Silv on November
20, 2009.15 Silv responded to the Second LOI on December 4, 2009,16 and supplemented its response on
December 11, 2009.17 On May 12, 2010, the Commission released a Notice of Apparent Liability for
Forfeiture against Silv, finding that the Company apparently violated Sections 201(b) and 258 of the Act
and Section 64.1120 of the Commission's Rules, and proposing a monetary forfeiture of $1,480,000.18
On July 19, 2010, Silv filed a response to the Silv NAL.


10 47 U.S.C. 258(a).
11 Id.
12 See 47 C.F.R. 64.1120.
13 See supra, note 4.
14 Letter from Andrew O. Isar, Regulatory Consultant to Silv Communication Inc., to Kimberly A. Wild and Mika
Savir (Oct. 22, 2009) (on file in EB-TCD-12-00000396) (LOI Response).
15 Letter from Kimberly A. Wild, Assistant Division Chief, Telecommunications Consumers Division, FCC
Enforcement Bureau, to Maria Zepeda, Vice President, Silv Communication Inc. (Nov. 20, 2009) (on file in EB-
TCD-12-00000396) (Second LOI) .
16 Letter from Andrew O. Isar, Regulatory Consultant to Silv Communication Inc., to Kimberly A. Wild and Mika
Savir (Dec. 4, 2009) (on file in EB-TCD-12-00000396).
17 Email from Maria Zepeda, Vice President, Silv Communication Inc., to Kimberly A. Wild, Assistant Division
Chief, Telecommunications Consumers Division, FCC Enforcement Bureau (Dec. 11, 2009, 18.36 EDT) (on file in
EB-TCD-12-00000396).
18 Silv Communication Inc. Apparent Liability for Forfeiture, Notice of Apparent Liability for Forfeiture, 25 FCC
Rcd 5178 (2010) (Silv NAL).
3

Federal Communications Commission ___________DA 13-1665

III.

TERMS OF AGREEMENT

4.

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.
5.

Jurisdiction

. Silv agrees that the Bureau, acting pursuant to delegated authority, has
jurisdiction over it and the matters contained in this Consent Decree, and has the authority to enter into
and adopt this Consent Decree.
6.

Effective Date; Violations

. The Parties agree that this Consent Decree shall become
effective on the Effective Date as defined herein. Upon 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.
7.

Termination of Investigation

. In express reliance on the covenants and representations
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to
terminate its Investigation. In consideration for the termination of the Investigation, Silv agrees to the
terms, conditions, and procedures contained herein. The Bureau further agrees that absent new material
evidence, it will not use the facts developed in the 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 to take any action on its own motion against Silv concerning the matters that were the subject of the
Investigation or with respect to Silv's basic qualifications, including its character qualifications, to be a
Commission licensee or hold Commission authorizations.
8.

Compliance Officer

. Within sixty (60) calendar days after the Effective Date, Silv 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 Silv complies with the terms and conditions of the Compliance Plan and this
Consent Decree, including verifying that new subscriptions are in fact authorized and implementing
quality control improvements in the subscription and customer service process. 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 Slamming Rules prior to assuming his/her
duties.
9.

Compliance Plan

. For purposes of settling the matters set forth herein, Silv shall
develop and implement a Compliance Plan designed to ensure future compliance with the
Communications Laws, including Sections 201(b) and 258 of the Act and Sections 64.1100 et seq. of the
Rules, and with the terms and conditions of this Consent Decree. The Compliance Plan shall include, at a
minimum, the following components:
a)

Operating Procedures on Slamming

. No later than sixty (60) calendar days after
the Effective Date, Silv shall establish Operating Procedures that all Covered
Employees must follow to help ensure Silv's compliance with this Consent Decree
and the Slamming Rules.
b)

Sales Representatives and Verifiers

. No later than sixty (60) calendar days after the
Effective Date:
4

Federal Communications Commission ___________DA 13-1665

i.
Scripts. Silv shall have prepared a script for each Sales Representative and
Verifier to use when carrying out his or her duties as a Sales Representative
or Verifier. The script shall require each Sales Representative and Verifier to
clearly and promptly state to each buyer or potential buyer of Silv's services
upon initiation of the call that the Sales Representative is not affiliated with
the buyer or potential buyer's long distance, international, or other toll
carrier. Further, the script shall also require each Sales Representative and
Verifier to clearly and promptly state at the outset of the call that the purpose
of the Sales Representative's call is to inquire whether the buyer or potential
buyer wishes to change his or her long distance, international, or other toll
service from his or her current preferred carrier to Silv. The script shall
require each Verifier to clearly and promptly state at the beginning of the
verification process that the purpose of the call is to confirm the call
recipient's intent to change preferred carriers for his or her long distance,
international, or other toll service, and to obtain the call recipient's approval
to effectuate such change.
ii. Monitoring. Silv shall monitor, on a monthly basis, from both on-site and
remote locations, no less than 70 percent of real-time sales and verification
calls to ensure that Sales Representatives and Verifiers are carrying out their
responsibilities as required by the Communications Laws and this Consent
Decree.
iii. Training Materials/Sales Compliance Manual. Silv shall have developed
and distributed a Sales Compliance Manual to each Sales Representative and
Verifier. The Sales Compliance Manual shall set forth and explain the
requirements of Slamming Rules and set forth the Operating Procedures that
Sales Representatives and Verifiers shall follow to help ensure Silv's
compliance with the Slamming Rules. The Sales Compliance Manual shall
prohibit each Sales Representative and each Verifier: from engaging in any
activity that violates the Communications Laws, including the Slamming
Rules; from making any misrepresentation about a Sales Representative's or
Verifier's identity or purpose in calling; and from making any other
deceptive, false, or misleading statements, including but not limited to any
such statement in connection with Silv's identity, services, rates, surcharges,
terms of service, and conditions of service. The Sales Compliance Manual
shall also set forth the scripts described in paragraph 9(b)(i). Silv shall
periodically review and revise the Sales Compliance Manual to ensure that
the information set forth therein remains current and complete. Silv shall
distribute any revisions to the Sales Compliance Manual promptly to all
Sales Representatives and Verifiers.
iv. Sales Compliance Training Program. Silv shall have trained each Sales
Representative and each Verifier in accordance with the Sales Compliance
Manual described in paragraph 9(b)(iii). Starting on the Effective Date, Silv
shall not allow any Sales Representative or Verifier to interact with any
buyer or potential buyer of Silv's service until Silv has trained the Sales
Representative or Verifier, and provided a copy of the Sales Compliance
Manual to such Sales Representative or Verifier. As part of the Sales
Compliance Training Program, Silv shall advise each Sales Representative
and Verifier of Silv's responsibility to report any noncompliance with the
Slamming Rules under paragraph 10 of this Consent Decree and shall
5

Federal Communications Commission ___________DA 13-1665

instruct each Sales Representative and Verifier on how to disclose
noncompliance to the Compliance Officer. Silv shall conduct the Sales
Compliance Training Program at least annually and shall periodically review
and revise Compliance Training Program as necessary to ensure that it
remains current and complete and to enhance its effectiveness.
c)

Customer Service Representatives

. No later than sixty (60) calendar days after the
Effective Date:
i.
General Duty. Silv shall require, within twenty-four hours of receipt of a
Consumer Complaint, a Customer Service Representative shall contact the
complainant and assist him or her in re-establishing service with his or her
preferred carrier. A Customer Service Representative shall also assist each
complainant in obtaining, as promptly as possible, a full credit or refund for
all charges (both recurring and non-recurring charges) the complainant
incurred in connection with any change to his or her telephone service which
was not authorized by the complainant, or where a Sales Representative or
Verifier made a deceptive, false, or misleading statement to the complainant.
ii. Customer Service Compliance Manual. Silv shall have developed and
distributed a Customer Service Compliance Manual to each Customer
Service Representative then engaged by Silv. The Customer Service
Compliance Manual shall set forth and explain the requirements of
Slamming Laws and set forth the Operating Procedures that Customer
Service Representatives shall follow to help ensure Silv's compliance with
the Slamming Rules. The Customer Service Compliance Manual shall set
forth the requirements of the Commission's rules relating to addressing and
resolving Consumer Complaints, and shall prohibit any Customer Service
Representative: from engaging in any activity that violates the
Communications Laws, including the Slamming Rules; and from making any
other deceptive, false, or misleading statement, including any such statement
in connection with Silv's services, rates, surcharges, terms of service, and
conditions of service. The Customer Service Compliance Manual shall also
set forth the general duty described in paragraph 9(c)(i). Silv shall
periodically review and revise the Customer Service Compliance Manual to
ensure that the information set forth therein remains current and complete.
Silv shall distribute any revisions of the Customer Service Compliance
Manual promptly to all Customer Service Representatives.
iii. Customer Service Compliance Training Program. Silv shall have trained all
existing Customer Service Representatives in accordance with the Customer
Service Compliance Manual described in paragraph 9(c)(ii). Starting on the
Effective Date, Silv shall not allow any Customer Service Representative to
interact with any complainant about Silv's service until Silv has trained the
Customer Service Representative and provided a copy of the Customer
Service Training Manual to such Customer Service Representative. As part
of the Compliance Training Program, Silv shall advise each Customer
Service Representative of Silv's responsibility to report any noncompliance
with the Slamming Rules under paragraph 10 of this Consent Decree and
shall instruct each Customer Service Representative on how to disclose
noncompliance to the Compliance Officer. Silv shall conduct the
Compliance Training Program at least annually and shall periodically review
6

Federal Communications Commission ___________DA 13-1665

and revise Compliance Training Program as necessary to ensure that it
remains current and complete and to enhance its effectiveness.
iv. Record Retention. Silv shall retain for the term of this Consent Decree and
one year thereafter, in an accurate and easy-to-review format, all documents
evidencing or relating to all Consumer Complaints, including Silv's
responses thereto. Copies of these consumer complaint records must be
forwarded electronically to the Bureau within twenty (20) calendar days from
the date of complaint and updated monthly until resolved. These consumer
complaint records should be submitted electronically to
Kimberly.Wild@fcc.gov. Consumer complaint records shall, at a minimum,
contain the following: all non-privileged writings, computer records,
electronic or email communications, and all written notes regarding such
writings, verbal discussions, and electronic mail communications, as well as
any relevant recordings made during telephone conversations relating to the
Consumer Complaint.
d)

Billing Statements

. Beginning on the Effective Date, Silv shall cause each
telephone bill of a customer that sets forth any charge from Silv to clearly and
conspicuously disclose what service the charges are for and that Silv Communication
Inc. has assessed such charge, and, on each page of a telephone bill that sets forth any
such charge, an accurate and operating toll-free number for customers to call and
speak with a Customer Service Representative regarding issues with, or questions
about, such charges or services.
10.

Reporting Noncompliance

. Silv shall report any noncompliance with the Act, and the
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 non-compliance; (ii) the steps that Silv has taken or will take to remedy such non-compliance; (iii) the
schedule on which such remedial actions will be taken; and (iv) the steps that Silv has taken or will take
to prevent the recurrence of any such non-compliance. All reports of non-compliance shall be submitted
to the Chief, Telecommunications Consumers Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street, SW, Rm. 4C-224, Washington, DC 20554, with a copy submitted
electronically to Kimberly.Wild@fcc.gov.
11.

Compliance Reports

. Silv shall submit Compliance Reports to the Bureau three (3), six
(6), twelve (12), eighteen (18), twenty-four (24), thirty (30) and thirty-six (36) months after the Effective
Date.
a) Each Compliance Report shall include a detailed description of the Company's
efforts to comply with the terms of the Consent Decree.
b) Each Compliance Report shall include a certification by the Compliance Officer,
as an agent of and on behalf of Silv, stating that the Compliance Officer has
personal knowledge that Silv: (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 10 of this Consent Decree.
c) The Compliance Officer's certification shall be accompanied by a statement
explaining the basis for such certification and must comply with Section 1.16 of
7

Federal Communications Commission ___________DA 13-1665

the Commission's rules,19 and be subscribed to as true under penalty of perjury in
substantially the form set forth therein.
d) The Compliance Report shall also include a detailed description of any new or
additional telecommunications companies owned, in whole or in part, by any of
the present or past owners, shareholders, officers, or directors of Silv.
e) If the Compliance Officer cannot provide the requisite certification, the
Compliance Officer, as an agent of and on behalf of Silv, shall provide the
Commission with a detailed explanation of the reason(s) why and describe fully:
(i) each instance of non-compliance; (ii) the steps Silv has taken or will take to
remedy such non-compliance, including the schedule on which the proposed
remedial actions will be taken; and (iii) the steps that Silv has taken or will take
to prevent the recurrence of any such non-compliance, including the schedule on
which such preventive action will be taken.
f) All Compliance Reports shall be submitted to the Chief, Telecommunications
Consumers Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street, SW, Rm. 4C-224, Washington, DC 20554, with
copies submitted electronically to Kimberly.Wild@fcc.gov.
12.

Termination Date

. The obligations set forth in paragraphs 9 through 11 of this Consent
Decree shall expire thirty-six (36) months after the Effective Date.
13.

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 Act against Silv 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 Silv of the Act or the Commission's rules.
14.

Voluntary Contribution

. Silv agrees to make a voluntary contribution to the United
States Treasury in the amount of one million dollars ($1,000,000), such voluntary contribution shall be
made in eighteen (18) monthly installments (each an Installment Payment). The first Installment Payment
in the amount of sixty-five thousand dollars ($65,000) shall be made no later than thirty (30) calendar
days after the Effective Date. Each subsequent Installment Payment shall be in the amount of fifty-five
thousand dollars ($55,000) and shall be payable on the first day of each month beginning with the second
month following the Effective Date. The eighteenth and last Installment Payment shall be made no later
than eighteen (18) months after the Effective Date. Silv 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).20 Upon an Event of Default by Nonpayment (as
described below in paragraph 15), all procedures for collection as permitted by law may, at the
Commission's discretion, be initiated. In addition, Silv 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. Silv shall also send electronic notification of payment on the date each payment is made
to Johnny Drake, Telecommunications Consumers Division, Enforcement Bureau, Federal


19 47 C.F.R. 1.16.
20 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
8

Federal Communications Commission ___________DA 13-1665

Communications Commission at Johnny.Drake@fcc.gov. The payments must be made by check or
similar instrument, wire transfer, or credit card, and must include the NAL Account Number and FRN
referenced in the caption of the Adopting Order. Regardless of the form of payment, a completed FCC
Form 159 (Remittance Advice) must be submitted.21 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 Silv must follow based on the form of
payment selected.

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.
Contact the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail,
ARINQUIRIES@fcc.gov, with any questions about methods of payment.
15.

Event of Default by Nonpayment

. Silv agrees that an Event of Default by Nonpayment
shall occur upon the failure by Silv to pay the full amount of any Installment Payment on or before the
due date specified in this Consent Decree.
16.

Interest, Charges for Collection, and Acceleration of Maturity Date

. Upon an Event
of Default by Nonpayment under this Consent Decree, automatically and without further notice, the then
entire unpaid amount of the Voluntary Contribution shall accrue interest at a rate of 15.75% per annum
from the date of the Event of Default until payment in full. Upon an Event 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, is accelerated and shall become immediately due and
payable, without notice, presentment, demand, protest, or notice of protest of any kind, all of which are
waived by Silv.
17.

Waivers

. Silv 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 an Adopting Order as defined herein. If
either Party (or the United States on behalf of the Commission) brings a judicial action to enforce the


21 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
9

Federal Communications Commission ___________DA 13-1665

terms of the Adopting Order or Consent Decree, neither Silv nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and Silv shall waive any statutory right to a trial de
novo. Silv hereby agrees to waive any claims it may otherwise have under the Equal Access to Justice
Act, 5 U.S.C. 504 and 47 C.F.R. 1.1501 et seq., relating to the matters addressed in this Consent
Decree.
18.

Severability

. The Parties agree that if any of the provisions of the Adopting Order or the
Consent Decree shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate
or render unenforceable the entire Adopting Order or Consent Decree, but rather the entire Adopting
Order or Consent Decree shall be construed as if not containing the particular invalid or unenforceable
provision or provisions, and the rights and obligations of the Parties shall be construed and enforced
accordingly. 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.
19.

Subsequent Rule or Order

. The Parties agree that if any provision of this 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 Silv does not expressly consent),
such provision will be superseded by such Rule or Commission order.
20.

Successors and Assigns

. Silv agrees that the provisions of this Consent Decree shall be
binding on its successors, assigns, and transferees.
21.

Final Settlement

. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties 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.
22.

Modifications

. This Consent Decree cannot be modified or amended without the
advance written consent of both Parties.
23.

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.
24.

Authorized Representative

. The individual signing this Consent Decree on behalf of
Silv represents and warrants that he is authorized by Silv to execute this Consent Decree and to bind Silv
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.
10

Federal Communications Commission ___________DA 13-1665

25.

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.
For: Federal Communications Commission
__________________________________________
Robert H. Ratcliffe
Acting Chief
Enforcement Bureau
__________________________________________
Date
For: Silv Communication Inc.
__________________________________________
Golam Ahia
President
__________________________________________
Date
11

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