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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554




In the Matter of                 )    File No. EB-05-IH-0110
                                )
Madison River Communications,    )    Acct. No. 
LLC                              )
and affiliated companies         )    FRN: 0004334082


                         CONSENT DECREE

I.  INTRODUCTION

  1.      The Enforcement Bureau (``Bureau'') of the Federal 
Communications Commission (the ``FCC'' or the ``Commission'') and 
Madison River Communication, LLC on behalf of itself, its parent 
company Madison River Telephone Company, LLC, and its affiliated 
companies under common control or ownership of Madison River 
Telephone Company, LLC (``Madison River'' or the ``Company''), by 
their authorized representatives, hereby enter into this Consent 
Decree to resolve an investigation (the ``Investigation'') by the 
Bureau regarding Madison River's compliance with section 201(b) 
of the Communications Act of 1934, as amended,1 with respect to 
the blocking of ports used for Voice over Internet Protocol 
(``VoIP'') applications, thereby affecting customers' ability to 
use VoIP through one or more VoIP service providers.  The 
Investigation was undertaken pursuant to sections 4(i), 4(j), 
218, and 403 of the Communications Act.2

II.  DEFINITIONS

  2.      For the Purposes of this Consent Decree, the following 
definitions shall apply:

     (a)  ``Adopting Order'' means an Order of the Bureau 
       adopting the terms and conditions of this Consent Decree 
       without change, addition or modification.

     (b)  ``Madison River'' or the ``Company'' means Madison 
       River Communications, LLC, and any affiliate, d/b/a, 
       predecessor-in-interest, parent companies and any direct 
       or indirect subsidiaries of such parent companies, or 
       other affiliated companies or businesses, and their 
       successors and assigns, including but not limited to, 
       Madison River Telephone Company, LLC,  and its direct and 
       indirect subsidiaries.

     (c)  ``Bureau'' means the Enforcement Bureau of the Federal 
     Communications Commission.

     (d)  ``Communications Act'' or ``Act'' means the 
       Communications Act of 1934, as amended, 47 U.S.C. § 151 
       et seq.

     (e)  ``Effective Date'' means the date on which the Bureau 
     releases the Adopting Order.

     (f)  The ``FCC'' or the ``Commission'' means the Federal 
     Communications Commission.

     (g)  ``Investigation'' means the investigation commenced by 
       the Bureau's Letter of Inquiry dated February 11, 2005.

     (h)  ``Parties'' means Madison River and the Bureau. 

III.  BACKGROUND

  3.      On February 11, 2005, the Bureau issued a Letter of 
Inquiry (``LOI'') to Madison River, initiating an investigation.  
Specifically, the Bureau inquired about allegations that Madison 
River was blocking ports used for VoIP applications, thereby 
affecting customers' ability to use VoIP through one or more VoIP 
service providers.3  Madison River submitted its initial response 
to the LOI on February 18, 2005, and supplemented that response 
on February 22, 2005.4

IV.  AGREEMENT

  4.      To avoid the expenditure of additional resources that 
would be required to further litigate the issues raised in the 
Investigation, and in consideration for the termination of the 
Investigation in accordance with the terms of this Consent 
Decree, Madison River agrees to make a voluntary payment to the 
United States Treasury, without further protest or recourse to a 
trial de novo, in the amount of fifteen thousand dollars 
($15,000.00) within ten (10) business days after the Effective 
Date of the Adopting Order.  The payment may be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission.  The payment must include the Acct. 
No. and FRN No. referenced above.  Payment by check or money 
order must be mailed to Forfeiture Collection Section, Finance 
Branch, Federal Communications Commission, P.O. Box 73482, 
Chicago, IL, 60673-7482.  Payment by overnight mail must be sent 
to Bank One/LB 73482, 525 West Monroe, 8th Floor Mailroom, 
Chicago, IL 60661.  Payment by wire transfer must be made to ABA 
Number 071000013, receiving bank Bank One, and account number 
1165259. 

  5.      In order to resolve and terminate the Investigation, 
the Bureau requires, and Madison River agrees, that Madison River 
shall not block ports used for VoIP applications or otherwise 
prevent customers from using VoIP applications.

  6.      The Parties agree and acknowledge that this Consent 
Decree shall constitute a final settlement of the Investigation.  
In express reliance on the covenants and representations 
contained herein, and in order to avoid the potential expenditure 
of additional public resources, the Bureau agrees to terminate 
the Investigation.  In consideration for the termination of this 
Investigation, Madison River agrees to the terms, conditions, and 
procedures contained herein.

  7.      The Bureau agrees that, in the absence of new evidence 
relating to incidents that were not the subject of the 
Investigation, the Bureau will not use the facts developed in the 
Investigation, or the existence of this Consent Decree, to 
institute, on its own motion, any new proceedings, formal or 
informal, or to take any actions on its own motion against 
Madison River, including referral of this matter to any other 
government agency, concerning the matters that were the subject 
of the Investigation.

  8.      Madison River waives any objection to the authority of 
the Bureau to enter into and adopt this Consent Decree.

  9.      Madison River represents and warrants that it is the 
properly named party to this Consent Decree and is solvent and 
has sufficient funds available to meet fully all financial and 
other obligations set forth herein.  Madison River further 
represents and warrants that it has caused this Consent Decree to 
be executed by its authorized representative, as a true act and 
deed, as of the date affixed next to said representative's 
signature.  Said representative and Madison River respectively 
affirm and warrant that said representative is acting in his/her 
capacity and within his/her authority as a corporate officer of 
Madison River, and on behalf of Madison River and that by his/her 
signature said representative is binding Madison River to the 
terms and conditions of this Consent Decree.

  10.     The Parties agree that this Consent Decree does not 
constitute either an adjudication on the merits or a factual or 
legal finding regarding any compliance or noncompliance with the 
requirements of the Act and the Commission's orders and rules.  
The Parties agree that this Consent Decree is for settlement 
purposes only.

  11.     Nothing in this Consent Decree shall limit the 
Commission's authority to enforce this Consent Decree in 
accordance with its terms, nor shall anything in this Consent 
Decree limit the Commission's authority to consider and 
adjudicate any formal complaint that may be filed pursuant to 
section 208 of the Act, 47 U.S.C. § 208, and to take any action 
in response to such complaint.

  12.     Madison River 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 Order adopting this Consent Decree, 
provided the Order adopts the Consent Decree without change, 
addition, or modification.

  13.     Madison River's decision to enter into this Consent 
Decree is expressly contingent upon the Bureau's issuance of an 
Adopting Order.

  14.     In the event that this Consent Decree 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.

  15.     The Parties also 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 or otherwise modify the terms of this Consent Decree to 
which Madison River does not consent) that provision will be 
superseded by such Commission rule or order.

  16.     By this Consent Decree, Madison River does not waive or 
alter its right to assert and seek protection from disclosure of 
any privileged or otherwise confidential and protected documents 
and information, or to seek appropriate safeguards or 
confidentiality for any competitively sensitive or proprietary 
information.  Nothing in this Consent Decree shall be deemed to 
prejudice Madison River's rights to seek exemption from 
disclosure pursuant to the Freedom of Information Act and the 
Commission's implementing regulations for documents provided by 
Madison River to the Commission, or for Madison River to contest 
any request for disclosure of agency records relating to the 
subject of this Consent Decree.

  17.     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 Madison River nor the Bureau shall 
contest the validity of the Consent Decree or the Adopting Order, 
and Madison River and the Bureau will waive any statutory right 
to a trial de novo with respect to the issuance of the Adopting 
Order and shall consent to a judgment incorporating the terms of 
this Consent Decree.

  18.     Madison River agrees that any violation of the Consent 
Decree or the Adopting Order will constitute a separate violation 
of a Commission order, entitling the Commission, or its delegated 
authority, to exercise any rights or remedies attendant to the 
enforcement of a Commission order.

  19.       The Parties agree that the requirements of this 
Consent Decree shall expire on the earlier of thirty (30) months 
from the Effective Date, or the effective date of a federal 
statute or Commission rule or order declaring or clarifying that 
the conduct described in paragraph 5 above does or does not 
violate the Act or Commission rules.

  20.     This Consent Decree may be signed in counterparts.



For: Madison River Communications, LLC.


_____________________________      __________________________
Date                               Matt L. Springer
                              Vice President and General Counsel


For: Enforcement Bureau
     Federal Communications Commission  
               
______________________________          
__________________________
Date                               David H. Solomon
                              Chief, Enforcement Bureau

_________________________

1 47 U.S.C. § 201(b).
2 47 U.S.C. §§ 154(i), 154(j), 218 and 403.
3 See Letter dated February 11, 2005 from Hillary S. DeNigro, 
Deputy Chief, Investigations and Hearings Division, Enforcement 
Bureau, FCC, to Steve Vanderwoude, Chairman & CEO, Madison River 
Communications, LLC, (``February 11 LOI'').
4 See Letter dated February 18, 2005 from Kenneth E. Hardman, 
Attorney for Madison River Telephone Company, LLC, et al., to 
Hillary S. DeNigro, Deputy Chief, Investigations and Hearings 
Division, Enforcement Bureau, FCC (``Madison River Response''); 
Letter dated February 22, 2005 from Kenneth E. Hardman, Attorney 
for Madison River Telephone Company, LLC, et al., to Hillary S. 
DeNigro, Deputy Chief, Investigations and Hearings Division, 
Enforcement Bureau, FCC (``Madison River Supplement'').