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Wave Runner Consent Decree

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Released: April 26, 2013

Federal Communications Commission

DA 13-771

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
File No.: EB-11-SE-110
)
Wave Runner, LLC, a wholly-owned
)
NAL/Acct. No.: 201332100012
Subsidiary of Choice Holdings LLC
)
)
FRN: 0010000651
)

ORDER

Adopted: April 25, 2013

Released: April 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 (Commission), Wave
Runner, LLC (Wave Runner), and Choice Phone, LLC (Choice Phone). The Consent Decree resolves
and terminates the Bureau’s investigation into possible violations by Wave Runner of Section 301 of the
Communications Act of 1934, as amended (Act),1 Sections 1.903(a) and 1.949(a) of the Commission’s
rules (Rules),2 and associated Commission orders requiring licensees to seek authority for any continued
operations after license expiration,3 as such rules and orders pertain to the operation of Personal
Communications Service wireless radio stations.
2.
The Bureau, Wave Runner, and Choice Phone have negotiated the Consent Decree that
resolves this matter. 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.
In the absence of material new evidence relating to this matter, we conclude that our
investigation raises no substantial or material questions of fact as to whether Wave Runner and Choice
Phone possess the basic qualifications, including those related to character, to hold or obtain any
Commission license or authorization.


1 47 U.S.C. § 301.
2 47 C.F.R. §§ 1.903(a), 1.949(a).
3 See Biennial Regulatory Review – Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the
Commission’s Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless
Telecommunications Services
, 13 FCC Rcd 21027, 21071, para. 96 (1998) (Universal Licensing System Report and
Order
) (adopting inter alia Section 1.949 of the Rules); Memorandum Opinion and Order on Reconsideration, 14
FCC Rcd 11476, 11485–86, para. 22 (1999) (Universal Licensing System MO&O) (collectively, Universal Licensing
System Orders
).

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5.
Accordingly,

IT IS ORDERED

that, pursuant to Sections 4(i), 4(j), and 503(b) of the
Act,4 and Sections 0.111 and 0.311 of the Rules,5 the Consent Decree attached to this Order

IS
ADOPTED

.
6.

IT IS FURTHER ORDERED

that the above-captioned investigation

IS

TERMINATED

.
7.

IT IS FURTHER ORDERED

that a copy of this Order and Consent Decree shall be
sent by first class mail and certified mail, return receipt requested, to Mr. Richard C. Yu, Managing
Member, Wave Runner, LLC and Choice Phone, LLC, P.O. Box 12398, 543A Top Plaza Building, North
Marine Drive, Tamuning, GU 96913, and to Gregory E. Kunkle, Esq., Counsel for Wave Runner, LLC
and Choice Phone, LLC, 1001 G Street N.W., Suite 500 West, Washington, DC 20001.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau


4 47 U.S.C. §§ 154(i), 154(j), 503(b).
5 47 C.F.R. §§ 0.111, 0.311.
2

Federal Communications Commission

DA 13-771

Before the

Federal Communications Commission

Washington, DC 20554

)
In the Matter of
)
File No.: EB-11-SE-110
)
Wave Runner, LLC, a wholly-owned
)
Acct. No.: 201332100012
subsidiary of Choice Holdings LLC
)
)

FRN: 0010000651
)

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission, Wave Runner, LLC, and
Choice Phone, LLC, by their respective authorized representatives, hereby enter into this Consent Decree
for the purpose of terminating the Enforcement Bureau’s investigation into possible violations by Wave
Runner, LLC of Section 301 of the Communications Act of 1934, as amended,1 Sections 1.903(a) and
1.949(a) of the Commission’s rules,2 and associated Commission orders requiring licensees to seek
authority for any continued operations after license expiration,3 as such rules and orders pertain to the
operation of Personal Communications Service wireless radio stations.

I.

DEFINITIONS

1.
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)
“Choice Phone” means Choice Phone, LLC, a company under common
control with Wave Runner.
(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


1 47 U.S.C. § 301.
2 47 C.F.R. §§ 1.903(a), 1.949(a).
3 See Biennial Regulatory Review – Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the
Commission’s Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless
Telecommunications Services
, 13 FCC Rcd 21027, 21071, para. 96 (1998) (Universal Licensing System Report and
Order
) (adopting inter alia Section 1.949 of the Rules); Memorandum Opinion and Order on Reconsideration, 14
FCC Rcd 11476, 11485–86, para. 22 (1999) (Universal Licensing System MO&O) (collectively, Universal Licensing
System Orders
).

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DA 13-771

published and promulgated orders and decisions of the Commission to
which the Companies are subject by virtue of their business activities,
including but not limited to, the Licensing Rules.
(g)
“Companies” means Wave Runner and Choice Phone, each of which is a
“Company.”
(h)
“Compliance Plan” means the compliance obligations, program, and
procedures described in this Consent Decree at paragraph 14.
(i)
“Covered Employees” means all employees and agents of the Companies
who perform duties, or supervise, oversee, or manage the performance of
duties, that relate to the Companies’ responsibilities under the Licensing
Rules.
(j)
“Effective Date” means the date on which the Bureau releases the
Adopting Order.
(k)
“Investigation” means the investigation commenced by the Bureau upon
receipt of a referral from the Commission’s Wireless Telecommunications
Bureau regarding Wave Runner’s apparent violation of the Licensing
Rules.
(l)
“Licensing Rules” means Section 301 of the Act, Sections 1.903(a) and
1.949(a) of the Rules, the Universal Licensing System Orders, and other
Communications Laws that prohibit the use or operation of a wireless
radio station without a valid Commission authorization or in a manner
inconsistent with such authorization.
(m)
“Operating Procedures” means the standard, internal operating procedures
and compliance policies established by the Companies to implement the
Compliance Plan.
(n)
“Parties” means Wave Runner, Choice Phone, 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)
“Wave Runner” means Wave Runner, LLC, a wholly-owned subsidiary of
Choice Holdings LLC, its predecessors-in-interest and successors-in-
interest.

II.

BACKGROUND

2.
Section 301 of the Act4 and Section 1.903(a) of the Rules5 prohibit the use or operation of
any apparatus for the transmission of energy or communications or signals by wireless radio stations


4 47 U.S.C. § 301.
5 47 C.F.R. § 1.903(a).
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except under and in accordance with an authorization granted by the Commission. Additionally, Section
1.949(a) of the Rules requires that licensees file renewal applications for wireless radio stations “no later
than the expiration date of the authorization for which renewal is sought, and no sooner than 90 days prior
to expiration.”6 Absent a timely filed renewal application, a wireless radio station license automatically
terminates.7
3.
Wave Runner holds two Personal Communications Service (PCS) licenses to provide
GSM-based mobile phone service to customers in Guam and the Commonwealth of the Northern Mariana
Islands with the following call signs: WPSJ967 (BTA490 – Guam); and WPSJ968 (BTA493 – Northern
Mariana Islands). The licenses for stations WPSJ967 and WPSJ968 automatically expired on May 29,
2011, the expiration date of the stations’ licenses, because Wave Runner did not timely file applications
for the renewal of those licenses.8 The licenses were subsequently cancelled on July 16, 2011.9
4.
On September 8, 2011, Wave Runner filed with the Commission applications for renewal
of the licenses of stations WPSJ967 and WPSJ968, together with a “Request for Waiver—Expedited
Action Requested” (Waiver Request).10 In the Waiver Request, Wave Runner reported that it had
inadvertently failed to file license renewal applications for stations WPSJ967 and WPSJ968, and
requested a waiver of Section 1.949(a) to permit the acceptance of the renewal applications and the grant
of those applications nunc pro tunc.11
5.
On September 14, 2011, Wave Runner voluntarily disclosed to the Wireless Bureau that
Wave Runner had continued to operate stations WPSJ967 and WPSJ968 after the expiration of the station
licenses, and requested emergency Special Temporary Authority (STA) to continue such operations. The
Wireless Bureau granted Wave Runner a verbal emergency STA on September 15, 2011 for a period of
60 days, until November 14, 2012. Also on September 15, 2011, Wave Runner filed formal, written STA


6 Id. § 1.949(a). If a licensee intending continued operations fails to file a timely renewal application, the
Commission nevertheless requires such licensee to seek operating authority. See Universal Licensing System Report
and Order
, 13 FCC Rcd at 21071, para. 98 (directing licensees that fail to file timely renewal applications to submit
a new application or, if necessary, a request for special temporary operating authority); Universal Licensing System
MO&O
, 14 FCC Rcd at 11485–86, para. 22 (permitting, in the alternative, the acceptance and processing of late
filed renewal applications under certain circumstances). In the Universal Licensing System MO&O, the
Commission expressly held that it could “initiate enforcement action against the licensee both for untimely filing
and unauthorized operation between the expiration of the license and the late renewal filing, including, if
appropriate, the imposition of fines or forfeitures for these rule violations.” Id.
7 47 C.F.R. § 1.955(a)(1).
8 On March 7, 2011, the Commission’s Wireless Telecommunications Bureau (Wireless Bureau) sent Wave Runner
courtesy “renewal reminder” notices for stations WPSJ967 and WPSJ968, alerting Wave Runner that it was required
to file renewal applications for the stations prior to the expiration of the stations’ licenses if it planned to continue
operation. See Automated Renewal Reminder Letters from the FCC Wireless Telecommunications Bureau to Wave
Runner, LLC, Reference Nos. 5119666 (WPSJ967), 5119667 (WPSJ968) (Mar. 7, 2011).
9 See Universal Licensing System – Archive System, (License WPSJ967, Wave Runner, LLC cancellation date, July
16, 2011), http://wireless2.fcc.gov/UlsApp/LicArchive/license.jsp?archive=Y&licKey=8879228; Universal
Licensing System – Archive System, (License WPSJ968, Wave Runner, LLC cancellation date, July 16, 2011),
http://wireless2.fcc.gov/UlsApp/LicArchive/license.jsp?archive=Y&licKey=8879229.
10 FCC File Nos. 0004868550 (WPSJ967) and 0004868551 (WPSJ968), “Request for Waiver – Expedited Action
Requested,” filed by Wave Runner, LLC (Sept. 8, 2011).
11 See id. at 1–2. In the Waiver Request, Wave Runner stated that the renewal applications were not timely filed
“[d]ue to a ‘perfect storm’ of unique, unfortunate and unforeseen circumstances[.]”
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requests for stations WPSJ967 and WPSJ968.12 The formal STA requests were granted on September 29,
2011 under call signs WQOH735 and WQOH736 for a period of six months, until March 27, 2012.
6.
On December 14, 2011, the Wireless Bureau granted Wave Runner’s Waiver Request
and ordered that the renewal applications for WPSJ967 and WPSJ968 be processed without prejudice to
any enforcement action the Commission may take.13 The Wireless Bureau also simultaneously granted
the renewal applications for stations WPSJ967 and WPSJ968.14
7.
The Bureau’s Spectrum Enforcement Division issued a letter of inquiry (LOI) to Wave
Runner on April 11, 2012.15 The LOI directed Waive Runner to submit a sworn written response to a
series of questions relating to Wave Runner’s failure to file license renewal applications for stations
WPSJ967 and WPSJ968 and its continued operation of those stations after the expiration date of the
station licenses. Wave Runner responded to the LOI on May 10, 2012.16 In its LOI Response, Wave
Runner stated that it first became aware that its licenses for PCS Stations WPSJ967 and WPSJ968 had
expired on August 26, 2011.17
8.
In addition, Wave Runner reiterated its intention to implement certain compliance
measures designed to help ensure future compliance with FCC requirements,18 including the timely filing
of license renewal applications, such as enlisting an outside law firm or other entity to supplement its
license expiration deadline monitoring.19 The Bureau and Wave Runner executed a tolling agreement to
toll the statute of limitations.20


12 FCC File No. 0004879090, filed by Wave Runner, LLC (Sept. 15, 2011) (BTA490 – Guam); FCC File No.
0004879091, filed by Wave Runner, LLC (Sept. 15, 2011) (BTA493 – Northern Mariana Islands).
13 Letter from Cyndi Thomas, Assistant Chief, Mobility Division, FCC Wireless Telecommunications Bureau, to
Cheng-Yi Liu, Esq., Law Offices of Thomas K. Crowe, P.C., Counsel for Wave Runner, LLC (Dec. 14, 2011).
14 See FCC File Nos. 0004868550 (WPSJ967) and 0004868551 (WPSJ968).
15 Letter from John D. Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Cheng-Yi
Liu, Esq., Law Offices of Thomas K. Crowe, P.C., Counsel for Wave Runner, LLC (Apr. 11, 2012) (on file in EB-
11-SE-110).
16 Letter from Cheng-Yi Liu, Esq., Law Offices of Thomas K. Crowe, P.C., Counsel for Wave Runner, LLC, to
Marlene H. Dortch, Secretary, Federal Communications Commission (May 10, 2012) (on file in EB-11-SE-110)
(LOI Response).
17 See id. at 2.
18 See id. at 3. Wave Runner initially proposed to implement these compliance measures in its Waiver Supplement.
See Wave Runner, LLC , Supplement to Waiver Request, FCC File Nos. 0004868550 (WPSJ967) and 0004868551
(WPSJ968) (filed Nov. 28, 2011) (Waiver Supplement) at 9.
19 See LOI Response at 5; Waiver Supplement at 9.
20 See Tolling Agreement, File No. EB-11-SE-110, executed by and between John D. Poutasse, Chief, Spectrum
Enforcement Division, FCC Enforcement Bureau, and Cheng-yi Liu, Esq., Law Offices of Thomas K. Crowe, P.C.,
Counsel to Wave Runner, LLC (July 31, 2012) (on file in EB-11-SE-110).
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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

. Each Company 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.
11.

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.
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 the Investigation. In consideration for the termination of the Investigation, the Companies
agree 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 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 take any action on its own motion against Wave Runner
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 the 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 Wave Runner with respect to Wave
Runner’s basic qualifications, including its character qualifications, to be a Commission licensee or to
hold Commission licenses or authorizations.
13.

Compliance Officer

. Within thirty (30) calendar days after the Effective Date, the
Companies shall designate a senior corporate manager with the requisite corporate and organizational
authority to serve as the Compliance Officer and to discharge the duties set forth below. The Compliance
Officer shall be responsible for developing, implementing, and administering the Compliance Plan and
ensuring that the Companies comply 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 Licensing Rules prior to assuming his/her duties.
14.

Compliance Plan

. For purposes of settling the matters set forth herein, the Companies
agree that they 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 Licensing Rules, the Companies shall
implement the following procedures:
(a)

Operating Procedures on Licensing Rules

. Within sixty (60) calendar days after
the Effective Date, the Companies shall establish Operating Procedures that all
Covered Employees must follow to help ensure the Companies’ compliance with the
Licensing Rules. As part of the Operating Procedures, the Compliance Officer shall
5

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designate a Covered Employee to be responsible for developing and maintaining a
database of all FCC licenses held by the Companies and the expiration date of each
such license, and shall designate a second Covered Employee to periodically monitor
and audit such database on at least a semi-annual basis. In addition, the Companies
shall verify all license renewal deadlines via an independent, third party monitor,
who will notify the Compliance Officer of any upcoming license renewal deadlines
in sufficient time to permit timely renewal filings with the Commission. The
Compliance Officer shall help ensure that the Companies timely file applications for
renewal for all FCC licenses that the Companies intend to operate after the license’s
expiration date.
(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 Licensing Rules and set forth
the Operating Procedures that Covered Employees shall follow to help ensure
compliance with the Licensing Rules. The Companies shall periodically review and
revise the Compliance Manual as necessary to ensure that the information set forth
therein remains current and complete. The Companies shall distribute any revisions
to the Compliance Manual promptly to all Covered Employees.
(c)

Compliance Training Program

. The Companies shall establish and implement a
Compliance Training Program on compliance with the Licensing Rules and the
Operating Procedures. As part of the Compliance Training Program, Covered
Employees shall be advised of the obligation to report any noncompliance with the
Licensing 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, except that any person who becomes a
Covered Employee at any time after the Effective Date shall be trained within thirty
(30) calendar days after the date such person becomes a Covered Employee. The
Companies shall repeat the compliance training at least annually, 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

. The Companies shall report any noncompliance with the
Licensing Rules and with the terms and conditions of this Consent Decree within fifteen (15) calendar
days after the discovery of such noncompliance. Such reports shall include a detailed explanation of (i)
each instance of noncompliance; (ii) the steps that the Companies have taken or will take to remedy such
noncompliance; (iii) the schedule on which such remedial actions will be taken; and (iv) the steps that the
Companies have taken or will take to prevent the recurrence of any such noncompliance. All such reports
of noncompliance shall be submitted to the Chief, Spectrum Enforcement Division, Enforcement Bureau,
Federal Communications Commission, 445 12th Street, S.W., Room 3-C366, Washington, DC 20554,
with a copy submitted electronically to Jennifer Burton at Jennifer.Burton@fcc.gov and JoAnn Lucanik at
JoAnn.Lucanik@fcc.gov.
16.

Compliance Reports

. The Companies shall file a Compliance Report with the
Commission ninety (90) calendar days after the Effective Date, twelve (12) months after the Effective
Date, and twenty-four (24) months after the Effective Date.
(a)
Each Compliance Report shall include a detailed description of the efforts during
the relevant period to comply with the terms and conditions of this Consent
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Decree and the Licensing Rules. In addition, each Compliance Report shall
include a certification by the Compliance Officer, as an agent of and on behalf of
the Companies, stating that the Compliance Officer has personal knowledge that
(i) the Companies have established and implemented the Compliance Plan; (ii)
the Companies have utilized the Operating Procedures since the implementation
of the Compliance Plan; and (iii) the Companies are 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 hereof.
(b)
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
the Rules21 and be subscribed to as true under penalty of perjury in substantially
the form set forth therein.
(c)
If the Compliance Officer cannot provide the requisite certification, the
Compliance Officer, as an agent of and on behalf of the Companies, 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 the Companies have
taken or will take to remedy such noncompliance, including the schedule on
which proposed remedial actions will be taken; and (iii) the steps that the
Companies have taken or will take to prevent the recurrence of any such
noncompliance, including the schedule on which such preventive action will be
taken.
(d)
The Compliance Reports shall be submitted to the Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission, 445 12th
Street, S.W., Room 3-C366, Washington, DC 20554, with a copy submitted
electronically to Jennifer Burton at Jennifer.Burton@fcc.gov and to JoAnn
Lucanik at JoAnn.Lucanik@fcc.gov.
17.

Termination Date

. Unless stated otherwise, the requirements of paragraphs 13 through
16 of this Consent Decree shall expire twenty-four (24) 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 Act against the Companies 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 complaints 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 the Companies with the Communications Laws.
19.

Voluntary Contribution

. Wave Runner agrees that it will make a voluntary
contribution to the United States Treasury in the amount of eleven thousand dollars ($11,000) within thirty
(30) calendar days after the Effective Date. Wave Runner shall also send electronic notification of
payment to Jennifer Burton at Jennifer.Burton@fcc.gov, JoAnn Lucanik at JoAnn.Lucanik@fcc.gov, and
Samantha Peoples at Sam.Peoples@fcc.gov on the date said payment is made. The payment must be made
by check or similar instrument, wire transfer, or credit card and must include the NAL/Account Number
and FRN referenced above. Regardless of the form of payment, a completed FCC Form 159 (Remittance


21 47 C.F.R. § 1.16.
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Advice) must be submitted.22 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.
20.

Waivers

. The Companies waive any and all rights they 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.
The Companies shall retain the right to challenge Commission interpretation of the Consent Decree or any
terms contained herein. If any Party (or the United States on behalf of the Commission) brings a judicial
action to enforce the terms of the Adopting Order, neither the Companies nor the Commission shall contest
the validity of the Consent Decree or of the Adopting Order, and the Companies shall waive any statutory
right to a trial de novo. The Companies hereby agree to waive any claims they may have under the Equal
Access to Justice Act23 relating to the matters addressed in this Consent Decree.
21.

Invalidity

. In the event that this Consent Decree in its entirety is rendered invalid by any
court of competent jurisdiction, it shall become null and void and may not be used in any manner in any
legal proceeding.
22.

Subsequent Rule or Order

. The Parties agree that if any provision of the Consent
Decree conflicts with any subsequent Rule or order adopted by the Commission (except an order
specifically intended to revise the terms of this Consent Decree to which the Companies do not expressly
consent), that provision will be superseded by such Rule or Commission order.
23.

Successors and Assigns

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


22 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
23 Equal Access to Justice Act, Pub L. No. 96-481, 94 Stat. 2325 (1980) (codified at 5 U.S.C. § 504); see also
47 C.F.R. §§ 1.1501-1.1530.
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24.

Final Settlement

. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between them 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.
25.

Modifications

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

Paragraph Headings

. The headings of the paragraphs in this Consent Decree are
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent
Decree.
27.

Authorized Representative

. The individual signing this Consent Decree on behalf of
Wave Runner represents and warrants that he is authorized by Wave Runner to execute this Consent
Decree and to bind Wave Runner to the obligations set forth herein. The individual signing this Consent
Decree on behalf of Choice Phone represents and warrants that he is authorized by Choice Phone to
execute this Consent Decree and to bind Choice Phone 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.
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28.

Counterparts

. This Consent Decree may be signed in any number of counterparts
(including by facsimile), each of which, when executed and delivered, shall be an original, and all of
which counterparts together shall constitute one and the same fully executed instrument.
____________________________
John D. Poutasse
Chief
Spectrum Enforcement Division
Enforcement Bureau
____________________________
Date
____________________________
Richard C. Yu
Managing Member
Wave Runner, LLC
____________________________
Date
____________________________
Richard C. Yu
Managing Member
Choice Phone, LLC
____________________________
Date
10

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