Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of
) File No. EB-06-IH-2698
NEWCOMM WIRELESS SERVICES, INC.
) FRN No. 0001726314
Licensee of Various Authorizations in the
PCS and Fixed Microwave Services ) Acct. No. 200732080002
)
)
ORDER
Adopted: December 29, 2006 Released: January 3, 2007
By the Chief, Enforcement Bureau
1. In this Order, we adopt a Consent Decree relating to compliance by
Newcomm Wireless Services, Inc. ("Newcomm"), licensee of the
above-captioned authorizations, with Section 310(d) of the
Communications Act of 1934, as amended, in connection with the control
and ownership of Newcomm.
2. The Enforcement Bureau ("Bureau") and Newcomm have negotiated the
terms of the Consent Decree, a copy of which is attached hereto and
incorporated by reference herein. We have reviewed the terms of the
Consent Decree and evaluated the facts before us. We believe that the
public interest would be served by approving the Consent Decree and
terminating the Bureau's investigation of Newcomm, subject to
compliance with the terms of the Consent Decree. In the absence of
non-compliance or material new evidence relating to this matter, we
conclude that there are no substantial or material questions of fact
as to whether Newcomm possesses the basic qualifications to be or
remain a Commission licensee.
3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, and the authority delegated by
Sections 0.111 and 0.311 of the Commission's Rules, the attached
Consent Decree IS ADOPTED.
4. IT IS FURTHER ORDERED that, as conditioned in the Consent Decree and
above, the referenced investigation IS TERMINATED.
5. IT IS FURTHER ORDERED that, consistent with whatever authorization
by the bankruptcy court may be necessary or appropriate, NewComm
shall pay (or cause to be paid) the outstanding balance of NewComm's
secured debt to the Federal Communications Commission, including all
principal, late fees and interest, as specified in the Consent Decree,
by wire transfer to Mellon Bank, 500 Ross Street, Pittsburgh, PA
15262, ABA Number 043000261, and account number 910-0147.
6. IT IS FURTHER ORDERED that, consistent with whatever authorization by
the bankruptcy court may be necessary or appropriate, Newcomm shall
pay (or cause to be paid) its voluntary contribution to the United
States Treasury, as specified in the Consent Decree, by wire transfer.
The wire transfer shall refer to Acct. No. 200732080002 and FRN #
0001726314 and shall be made to ABA Number 043000261, receiving bank
Mellon Bank, and account number 911-6106.
7. IT IS FURTHER ORDERED that copies of this Order shall be sent to
Newcomm Wireless Services Inc., 2221 Ponce De Leon Avenue, Suite 1407,
San Juan, Puerto Rico 00917, and to its counsel, Robert Pettit,
Esquire, Wiley Rein & Fielding LLP, 1776 K St., N.W., Washington, DC
20006.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of
) File No. EB-06-IH-2698
NEWCOMM WIRELESS SERVICES, INC.
) FRN 0001726314
Licensee of Various Authorizations in the
PCS and Fixed Microwave Services ) Acct. No. 200732080002
)
)
CONSENT DECREE
1. The Bureau (as hereinafter defined) and Newcomm (as hereinafter
defined), by their respective authorized representatives, hereby enter
into this Consent Decree for the purposes of conditionally resolving and
terminating the Bureau's investigation into violations by Newcomm of
Section 310(d) of the Communications Act of 1934, as amended, and of
Sections 1.2110 and 1.2111 of the Commission's Rules.
2. For the purposes of this Consent Decree, the following definitions
apply:
a. "Act" means the Communications Act of 1934, as amended;
b. "Adopting Order" or "Order" means an order of the Enforcement Bureau
adopting this Consent Decree;
c. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission;
d. "Commission" or "FCC" means the Federal Communications Commission;
e. "Effective Date" means the date on which the Bureau releases the
Adopting Order;
f. "ClearComm" means ClearComm, L.P., the controlling entity of Newcomm,
and includes ClearComm, L.P.'s parent, subsidiaries, and affiliates,
and each of their respective officers, directors, employees, agents,
representatives, and any other person acting on behalf of ClearComm,
L.P. and their successors or assigns;
g. "Newcomm" means Newcomm Wireless Services, Inc., licensee of the
Licenses, and the resulting corporation of a joint venture between
ClearComm and Telefonica, and includes any debtor in possession that,
as the result of a bankruptcy filing, holds assets previously held by
Newcomm; and also includes any entity to which Licenses are lawfully
assigned, as a result of a sale or other transfer approved by the
bankruptcy court, and a necessary and concomitant approval of such
assignment by the Commission; and also includes Newcomm Wireless
Services, Inc.'s controlling entities, parent, subsidiaries, and
affiliates, and each of their respective officers, directors,
employees, agents, representatives, or any other person acting or
purporting to act on behalf of Newcomm Wireless Services, Inc. and
their successors or assigns;
h. "Parties" means Newcomm and the Bureau collectively and "Party" means
Newcomm or the Bureau in its individual capacity;
i. "Rules" means the Commission's regulations set forth in Title 47 of
the Code of Federal Regulations;
j. "Licenses" means the wireless authorizations listed in Attachment A
hereto;
k. "TEM PR" means TEM Puerto Rico, Inc., and its parent, subsidiaries,
divisions and affiliates, and each of their respective officers,
directors, employees, agents, representatives, and any other person
acting on behalf of TEM Puerto Rico, Inc. or their successors or
assigns; and
l. "Telefonica" means Telefonica Larga Distancia de Puerto Rico, Inc.,
and includes Telefonica Larga Distancia de Puerto Rico, Inc.'s
controlling entities, parent, subsidiaries, divisions and affiliates,
and each of their respective officers, directors, employees, agents,
representatives, or any other person acting or purporting to act on
behalf of Telefonica Larga Distancia de Puerto Rico, Inc. and their
successors or assigns.
I. BACKGROUND
3. Newcomm is the licensee of the Licenses which comprise various PCS
C-Block and Fixed Microwave Services authorizations used to provide
telecommunications services in Puerto Rico. Newcomm was granted Designated
Entity status with respect to its PCS licenses and, consequently was
permitted to make payments to the Commission under an installment plan.
4. On December 12, 2005 and May 28, 2006, Newcomm disclosed to the
Commission that it had engaged in certain transfers of control of its
Licenses without prior notification to or authorization from the
Commission, as required by Section 310(d) of the Act. Specifically,
Newcomm disclosed that control of its Licenses was transferred to TEM PR,
a subsidiary of Telefonica, on April 20, 2005, and subsequently
transferred back to Newcomm in February 2006. Newcomm neither requested
nor received Commission approval to engage in these transactions. As
noted, see note 5 supra, these transactions were also inconsistent with
the provisions of Sections 24.711 and 1.2110 of the Commission's Rules.
The Bureau's investigation revealed other instances in which Newcomm
engaged in transactions that effectuated transfers of control for which
Newcomm had not requested or obtained prior Commission consent, and that
resulted in Newcomm's loss of eligibility for Designated Entity benefits,
such as the option to pay for its licenses by making installment payments.
5. Newcomm informed the Bureau through its counsel that on November 28,
2006, it filed for bankruptcy protection under Chapter 11 of the United
States Bankruptcy Code. Newcomm represents that its outstanding debt
obligations to the Commission, and the additional payment, designed to
settle and discharge Newcomm's liability for certain regulatory violations
described in this Consent Decree, will be paid in full, and as soon as
possible, consistent with bankruptcy court approval.
II. AGREEMENT
6. In accordance with the terms of this Consent Decree and specifically in
reliance on the representations and acknowledgments herein, including but
not limited to those in Paragraphs 5, 16, 18, 19, and 20, the Parties
agree to the following terms, conditions, and procedures.
7. The Parties agree that the provisions of this Consent Decree shall be
subject to final Bureau approval, by incorporation of such provisions by
reference in an Adopting Order.
8. The Parties agree that this Consent Decree shall become effective on
the Effective Date. 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, and any failure to comply with any 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.
9. Newcomm agrees that, notwithstanding its bankruptcy filing, the Bureau
has jurisdiction over the matters that are the subject of this Consent
Decree and the authority to enter into and adopt this Consent Decree.
10. The Parties agree that this Consent Decree does not constitute an
adjudication on the merits.
11. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between them concerning the matters
discussed in Paragraphs 3 and 4, herein.
12. The Bureau agrees to terminate its investigation of the matters
discussed in Paragraphs 3 and 4 herein, in express reliance upon the
covenants and representations in this Consent Decree, and conditioned on
Newcomm's compliance with the terms of this Consent Decree, as provided
herein.
13. In consideration of the Bureau's commitment to terminate the
investigation of the matters discussed in Paragraphs 3 and 4 herein, and
take no further action in reference to these matters, Newcomm agrees to
the terms set forth herein. Newcomm understands that the Bureau's
commitment to terminate the investigation is conditioned on Newcomm's
compliance with its obligations as set forth in this Consent Decree,
including its obtaining any necessary bankruptcy court approval for the
payments described herein; its making those payments as provided herein
following receipt of such approval; and there being no successful
challenge, at any time, to its right to make such payments.
14. Newcomm acknowledges and agrees that it engaged in multiple
transactions which effectuated transfers of control of its Licenses
requiring prior Commission approval and that it neither requested nor
received such approval, in willful and repeated violation of Section
310(d) of the Act. Newcomm also acknowledges and agrees that such
transactions also adversely affected its status as a Designated Entity
under the Commission's rules and the consequences thereof, including the
necessity of payment of its loan balance in full.
15. The Parties agree and acknowledge that given the actions set forth in
Paragraphs 3 and 4 above, and pursuant to Sections 24.711 and 1.2110 of
the Commission's rules, Newcomm is no longer eligible to receive benefits
reserved for Designated Entities, such as participation in the
Commission's installment payment loan program; that pursuant to Section
1.2111 of the Commission's rules, Newcomm's remaining installment debt,
which is secured by its PCS Licenses, is required to be paid in full; and
that accordingly, as a condition to the forbearance of enforcement
contemplated by this Consent Decree, Newcomm will, consistent with
approval from the bankruptcy court, pay the full amount of its outstanding
loan balance due on its PCS licenses, including all principal, late fees
and interest accruing through and including the date of final payment.
16. Newcomm acknowledges that it has sought approval from the bankruptcy
court, and represents that it has received an interim order authorizing,
debtor-in-possession financing (the "DIP"), and the right to use funds
available under the DIP to pay in full the outstanding balance of
Newcomm's License-related debt to the FCC, including all principal, late
fees and interest accruing through and including the date of payment,
without protest or recourse. Newcomm further represents that the DIP
lender has agreed that payment of the amounts set forth in this Consent
Decree may be paid from the DIP loan proceeds. Newcomm agrees to take any
further steps necessary to secure final bankruptcy court approval to make,
and, if necessary, to defend its right to make, such payment to the FCC.
17. Newcomm agrees that, within two (2) business days of the later of the
Effective Date or the bankruptcy court's order approving the payment of
all monies referenced in paragraph 16 becoming final, Newcomm or its
successor-in-interest, shall pay (or cause to be paid) to the Commission
the full outstanding balance of Newcomm's License-related debt to the FCC,
including all principal, late fees and interest accruing through and
including the date of payment, without protest or recourse, by wire
transfer to Mellon Bank, 500 Ross Street, Pittsburgh, PA 15262, ABA Number
043000261, and account number 910-0147. The wire transfer shall refer to
Acct. Nos. 0900000582, 0900000891 and FRN # 0001726314.
18. Newcomm acknowledges that it has sought approval from the bankruptcy
court, and represents that it has received an interim order authorizing,
the right to use funds available under the DIP to make an additional
payment to the United States Treasury, without protest or recourse, in the
amount of Two Hundred Thousand Dollars ($200,000). This payment is
intended to settle and discharge Newcomm's liability for regulatory
violations described in this Consent Decree.
19. Newcomm agrees that, within two (2) business days of the later of the
Effective Date or the bankruptcy court's order approving the payment of
all monies referenced in paragraph 18 becoming final, Newcomm shall pay
(or cause to be paid) its payment to the United States Treasury, without
protest or recourse, by wiring funds in the amount of Two Hundred Thousand
Dollars ($200,000). The wire transfer shall refer to Acct. No.
200732080002 and FRN # 0001726314 and shall be made to ABA Number
043000261, receiving bank Mellon Bank, and account number 911-6106. For
purposes of this Consent Decree, this additional payment does not
represent compensation for any pecuniary loss. Newcomm further represents
that the DIP lender has agreed that payment of the amounts set forth in
this Consent Decree may be paid from the DIP loan proceeds. Newcomm agrees
to take any further steps necessary to secure final bankruptcy court
approval to make, and, if necessary, to defend its right to make, such
payment to the FCC.
20. Newcomm represents that it owes no other financial debts or
obligations to the Commission other than those described in Paragraph 16
through 19 of this Consent Decree. Upon receipt of the payments in full
described in Paragraphs 16 through 19 hereof, all of the FCC's
pre-petition date claims and liens shall be deemed satisfied and
discharged and appropriately treated as such by the FCC.
21. Within thirty (30) calendar days of the Effective Date, Newcomm shall
establish and implement a Commission-approved, company-wide compliance
plan, a summary of which is attached hereto as Attachment B, to ensure its
future compliance with Section 310(d) of the Act. Newcomm's obligations
under this provision shall continue for a period of five (5) years, and
require that Newcomm ensure that its obligations under the compliance plan
continue to bind any assignee and/or transferee within that period.
Newcomm shall not make any material revisions to its compliance plan
without prior Bureau consent.
22. Newcomm agrees that it shall file written Status Reports with the
Bureau on a biannual (twice per year) basis. Such Status Reports shall be
signed by an officer and/or director of Newcomm and filed within the first
ten (10) days of June and January, for a period of five (5) years from the
Effective Date. The Status Report shall contain a certification that
Newcomm did not engage in any transactions during the previous six-month
period implicating Section 310(d) of the Act or otherwise requiring
Newcomm to file an application for Commission consent to a transfer of
control or assignment of license. If, for any reason, Newcomm is unable to
so certify because one or more transactions did require Commission consent
and the filing of an application, Newcomm shall provide the file number
for the application or explain fully why such application was not timely
filed. Newcomm shall direct its reports to Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications Commission,
445 12th Street, S.W, Room 4-C330, Washington D.C. 20554, and must include
the EB No. referenced above. An approved assignee or successor of Newcomm
may petition the Bureau for relief from the requirements of this
Paragraph.
23. Newcomm agrees that it is required to comply with each individual
condition of this Consent Decree. Each specific condition is a separate
condition of the Consent Decree as approved. To the extent that Newcomm
fails to satisfy any condition, including but not limited to those
contained in Paragraphs 16-19, in the absence of Commission alteration of
the condition, it will be in breach of the provisions of the Consent
Decree, and may be subject to enforcement action, including, but not
limited to, revocation of the forbearance relief granted herein,
designation of the matter for license revocation hearing, letters of
admonishment, or forfeitures.
24. The Bureau agrees that, in the absence of material new evidence, it
will not, on its own motion, initiate or recommend to the Commission, any
new proceeding, formal or informal, regarding the matters discussed in
Paragraphs 3 and 4 above. The Bureau further agrees that, in the absence
of material new evidence, it will not use the facts developed in this
investigative proceeding through the Effective Date to initiate on its own
motion, or recommend to the Commission, any proceeding, formal or
informal, or take any action on its own motion against Newcomm with
respect to its basic qualifications to be or remain a Commission licensee.
Nothing in this Consent Decree shall prevent the Bureau from instituting
or recommending to the Commission, investigations or enforcement
proceedings against Newcomm in the event of any alleged future misconduct
for violation of this Consent Decree or for violation of the Act or the
Commission's Rules, consistent with the provisions of this Consent Decree.
In addition, nothing in this Consent Decree shall prevent the Bureau from
relying on any information relating to the investigation and/or
disclosures referenced in Paragraphs 3 and 4 above, in considering
appropriate sanctions for any future misconduct on the part of Newcomm.
25. Newcomm waives any and all rights its 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 Adopting Order adopts the Consent Decree without
material change, addition or modification.
26. Newcomm agrees to waive any claims it may otherwise have under the
Equal Access to Justice Act, relating to the matters discussed in this
Consent Decree.
27. 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
Newcomm nor the Commission shall contest the continuing validity of the
Consent Decree or Adopting Order.
28. In the event that this Consent Decree is rendered invalid by any court
of competent jurisdiction, this Consent Decree shall become null and void
and may not be used in any manner in any legal proceeding.
29. Nothing in this Consent Decree shall be deemed to modify any orders
and regulations of the Commission, the terms and conditions of the
Licenses, and/or the terms and conditions of any note and or security
agreement evidencing a financial obligation to the United States or the
Commission and a corresponding security interest in the proceeds of the
Licenses or other property of the Debtor, and nothing in this Consent
Decree shall be deemed to release Debtor from compliance therewith. In
addition, Newcomm acknowledges that, notwithstanding the pendency of
bankruptcy proceedings, it, its successor-in-interest in the pending case,
or its assignee, as applicable, will have all the privileges and
obligations applicable to Commission licensees, including, but not limited
to, the obligation to seek license renewal at such times as are
appropriate and required, pursuant to Commission regulations. In
addition, Newcomm acknowledges that any transfer or assignment of a
License or controlling interest in a License must always be conditioned on
Commission approval. This Consent Decree shall be binding upon and inure
to the benefit of the Bureau, Commission, Newcomm and their respective
successor and approved assigns.
30. This Consent Decree may be signed in counterparts.
For the Enforcement Bureau
________________________________ _______________
Kris Anne Monteith Date
Chief, Enforcement Bureau
For Newcomm Wireless Services, Inc.
___________________________________ _______________
Javier Lamoso Date
President and Chairman of the Board
ATTACHMENT A
Call Sign/Identifier Licensee of Record Service
ITC-214-19990615-00426 Section 214
KNLF736 Newcomm Wireless CW - Broadband PCS
Services, Inc.
KNLF746 Newcomm Wireless CW - Broadband PCS
Services, Inc.
WPON435 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON436 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON437 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON438 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON439 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON441 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON442 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON445 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON447 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON448 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON450 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON451 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON452 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON453 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON454 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON455 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON456 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON457 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON458 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON459 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON460 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON461 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON576 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON578 NEWCOMM WIRELESS CF - Fixed
SERVICE, INC. Microwave
WPON579 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON773 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON774 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON775 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON776 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON848 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON849 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPON850 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPOV383 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPOV384 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPOV385 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPOV386 NEWCOMM WIRELESS CF - Fixed
SERVICES, INC. Microwave
WPOV387 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPOV388 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPOV390 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPOV391 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPOV392 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPOV393 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPOV394 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPOV395 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPOV396 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPOV397 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPOV398 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPOV399 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPOV400 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPOV401 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPOV402 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPOV403 NEWCOMM WIRELESS CF - Fixed
SERVICES INC Microwave
WPQN473 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN474 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN475 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN476 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN477 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN478 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN479 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN480 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN481 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN482 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN483 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN484 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN571 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN608 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN609 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN610 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN611 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN612 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN613 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN614 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN615 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN616 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN617 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN618 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN619 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQN815 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQQ382 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQS874 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQW703 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQW938 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQW962 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQX308 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQX309 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPQY596 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSJ725 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSJ834 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSJ835 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSK667 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSK669 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSK670 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSK671 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSN444 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSN457 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSN460 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSN463 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSN474 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSN475 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSN563 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSN579 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSN608 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSN612 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSN614 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSP492 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSP533 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSQ229 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSR331 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPST331 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSX364 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSX365 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPSZ591 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPTG770 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPTG771 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPTG772 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPTG773 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPTG776 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPTG777 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPTG779 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPTH439 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPTH509 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPTH513 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPTH576 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPTH698 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPTI698 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPTP764 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPTV258 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPUB401 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPUF951 Newcomm Wireless CF - Fixed
Services, Inc. Microwave
WPWY709 NEWCOMM WIRELESS CF - Fixed
SERVICES, INC. Microwave
WPXS564 NEWCOMM WIRELESS CF - Fixed
SERVICE, INC. Microwave
WPZJ882 NEWCOMM WIRELESS CF - Fixed
SERVICE, INC. Microwave
WQEE230 Newcomm Wireless CF - Fixed
Services Inc. Microwave
WQEE232 Newcomm Wireless CF - Fixed
Services Inc. Microwave
ATTACHMENT B
Within thirty (30) days of the release of the Adopting Order, Newcomm
agrees to establish and implement a Commission-approved company-wide
compliance plan to include a Compliance Committee on its Board of
Directors. The Compliance Committee, which will consist of three
Directors, in conjunction with outside counsel and other employees,
professionals and consultants, as appropriate, will:
a. ensure that the company reviews and monitors Commission requirements
for license ownership and transfers of control, including the
Commission's rules and the requirements of the Act regarding the need
for prior approval of assignments of Commission authorizations and the
transfer of control of the holders of such authorizations, as well as
ensuring that the appropriate personnel in the company are
periodically updated on those requirements; and
review any proposed financing transaction, whether for debt or equity, of
any size, and advise the Board and appropriate Newcomm personnel as to the
need, if any, for Newcomm to apply for and receive F
See Consent Decree, Attachment A, infra.
See 47 U.S.C. S 310(d).
See 47 U.S.C. SS 154(i).
See 47 C.F.R. SS 0.111, 0.311.
See Attachment A.
See 47 U.S.C. S 310(d).
47 C.F.R. SS 1.2110, 1.2111.
See 47 U.S.C. SS 151 et seq.
See 47 C.F.R. SS24.709, 24.711. Section 1.2111(c) of the Commission's
rules requires participants in the Commission's installment plan to pay
the balance of any outstanding loans as a condition for approval of the
transfer or assignment of the licenses associated with the loans. See 47
C.F.R. SS1.2110, 1.2111. Newcomm's PCS licenses, KNLF736 and KNLF746, are
Auction 5 C-block licenses that were granted to ClearComm on January 22,
1997.
47 C.F.R. SS 24.711 and 1.2110.
See 47 U.S.C. S S 24.711, 1.2110, 1.2111.
See Middle Georgia Communications, Inc., Order, 19 FCC Rcd 10,964 (EB
2004); Fort Wayne Public Television, Inc., Order, 19 FCC Rcd 20,869 (EB
2004).
The Commission will memorialize the unauthorized transfers of control
discussed in Paragraphs 3 and 4 herein through notations on the NewComm
licenses.
As of November 1, 2006, the total outstanding debt for both licenses is
$7,465,608.69 which includes principal and interest in the amount of
$7,282,120.33 and late fees in the amount of $183,488.36. The per diem
rate of interest after November 1, 2006 amounts to $1,265.46 per day.
See note 9, supra.
See 5 U.S.C. S 504 and 47 C.F.R. S 1.1501 et seq.
Federal Communications Commission DA 06-2358
2
3
Federal Communications Commission DA 06-2358