Lightyear and Open Access to Pay Nearly $1.8M in USF Cases
Federal Communications Commission
News Media Information 202 / 418-0500445 12th Street, S.W.
Washington, D. C. 20554
This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action.
See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).
FOR IMMEDIATE RELEASE:
NEWS MEDIA CONTACT:
September 30, 2013
Justin Cole, 202-418-8191
LIGHTYEAR AND OPEN ACCESS AGREE TO PAY NEARLY $1.8 MILLION
TO RESOLVE INVESTIGATIONS REGARDING USF COMPLIANCESettlements promote level competitive playing field,
ensure compliance with USF, TRS, and other contribution obligations
Washington, D.C.In the last week, the FCC's Enforcement Bureau resolved two investigations into
possible violations of the Commission's Universal Service Fund (USF) contribution and federal reporting
rules, entering into significant settlements with Lightyear Network Solutions, LLC and Open Access
Acquisition LLC totaling nearly $1.8 million.
Lightyear is based in Kentucky and provides local and long distance, interconnected VoIP, DSL, wireless,
and prepaid calling card services. Lightyear will make a voluntary contribution of $475,000 to resolve,
among other things, alleged violations of the USF contribution requirements.
Open Access is a Delaware corporation that provides Ethernet, SONET, wavelength, private network,
Internet access, dark fiber, and collocation services to carriers, governmental entities, and private business
customers in twenty-three states and the District of Columbia. Open Access voluntarily disclosed its
failure to make USF, Telecommunications Relay Service (TRS), and numbering related contributions and
will pay $1.3 million to resolve the Bureau's investigation.
Acting Chairwoman Mignon L. Clyburn said, "We must remain vigilant to ensure that all providers fully
comply with our universal service rules. Providers that fail to contribute their full share unfairly place
others at a competitive disadvantage. We simply cannot--and will not--allow carriers to shirk their
responsibilities in this vital area."
"Violating the USF rules harms the most vulnerable among us and is just plain wrong," added Acting
Enforcement Bureau Chief Robert Ratcliffe. "The Enforcement Bureau will hold all regulatees strictly
accountable for any misconduct."
In addition to making substantial, voluntary payments to the U.S. Treasury, both companies have agreed
to robust compliance plans that will govern their--and any successors'--operations over the next three
years. To ensure accurate and timely contributions to the USF, TRS, and other regulatory programs, as
well as compliance with associated filing and fee requirements, each company must designate a
compliance officer, establish standard operating procedures related to federal contribution and regulatory
reporting obligations, develop and distribute a detailed compliance manual, train its employees, and file
periodic compliance reports with the Commission describing and certifying its compliance efforts.
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