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Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB-08-TC-2396
In the Matter of
) NAL/Acct. No. 200932170012
Startec Global Operating Company
) FRN: 0007715915
)
ORDER
Adopted: December 24, 2008 Released: December 24, 2008
By the Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau of the Federal Communications
Commission ("Bureau") and Startec Global Operating Company
("Startec"). The Consent Decree terminates an investigation by the
Bureau against Startec for possible violations of section 1.717 of the
Commission's rules regarding Startec's apparent failure to timely
respond to informal consumer complaints.
2. The Bureau and Startec have negotiated the terms of the Consent Decree
that resolve this matter. A copy of the Consent Decree is attached
hereto and incorporated 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, which terminates the investigation.
4. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b)
of the Communications Act of 1934, as amended, and sections 0.111 and
0.311 of the Commission's Rules, the Consent Decree attached to this
Order IS ADOPTED.
5. IT IS FURTHER ORDERED that the above-captioned proceeding is
TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB-08-TC-2396
In the Matter of
) NAL/Acct. No. 200932170012
Startec Global Operating Company
) FRN: 0007715915
)
CONSENT DECREE
The Enforcement Bureau ("Bureau") and Startec Global Operating Company
("Startec" or the "Company"), by their authorized representatives, hereby
enter into this Consent Decree for the purpose of terminating the
Enforcement Bureau's investigation against Startec for possible violations
of section 1.717 of the Commission's rules regarding Startec's apparent
failure to timely respond to informal consumer complaints.
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.
S: 151 et seq.
b. "Startec" means Americatel Corporation and its direct and indirect
subsidiaries, including Startec Global Operating Company, as well as
any successors in interest, under the jurisdiction of the Federal
Communications Commission.
c. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
d. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
e. "Compliance Plan" means the program described in this Consent Decree
at paragraph 8.
f. "Effective Date" means the date on which the Commission releases the
Adopting Order.
g. "Investigation" means the investigation commenced by the Bureau's
April 16, 2008 Letter of Inquiry ("LOI") regarding whether Startec
violated section 1.717 of the Commission's Rules by failing to timely
file responses to informal complaints served upon Startec by the
Consumer and Government Affairs Bureau.
h. "Order" or "Adopting Order" means an Order of the Bureau adopting the
terms of this Consent Decree without change, addition, deletion, or
modification.
i. "Parties" means Startec and the Bureau.
j. "Rules" means the Commission's regulations found in Title 47 of the
Federal Regulations.
II. BACKGROUND
2. Pursuant to section 1.717 of the Commission's Rules, "the Commission
will forward informal complaints to the appropriate carrier for
investigation. The carrier will, within such time as may be
prescribed, advise the Commission in writing, with a copy to the
complainant, of its satisfaction of the complaint or of its refusal or
inability to do so."
3. On April 16, 2008, the Bureau issued a letter of inquiry (LOI) to
Startec. The March 19, 2008 LOI directed Startec, among other things,
to submit a sworn written response to a series of questions relating
to the alleged failures of Startec to respond to informal complaints.
Startec responded to the LOI on May 9, 2008.
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
without change, addition, modification, or deletion.
5. Jurisdiction. Startec agrees that the Bureau 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 date on which the FCC releases the
Adopting Order. Upon release, the Adopting Order and this Consent
Decree shall have the same force and effect as any other Order of the
Bureau. Any violation of the Adopting Order or of the terms of this
Consent Decree shall constitute a separate violation of a Bureau
Order, entitling the Bureau 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 said
investigation, Startec agrees 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
this investigation through the Effective Date of the Consent Decree,
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 Startec concerning Startec's alleged failure to
timely respond as required by Section 1.717 of the Commission's rules
to the informal complaints that were the subject of the investigation.
The Bureau also agrees that it will not use the facts developed in
this investigation to institute on its own motion any proceeding,
formal or informal, or take any action on its own motion against
Startec concerning any alleged failure by Startec to timely respond to
any informal complaint as required by Section 1.717 of the
Commission's rules served on Startec by the Commission prior to the
Effective Date of this Consent Decree. The Bureau also agrees that it
will not use the facts developed in this investigation through the
Effective Date of this Consent Decree, 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 Startec with
respect to Startec's basic qualifications, including its character
qualifications, to be a Commission licensee or authorized common
carrier.
8. Compliance Plan. For purposes of settling the matters set forth
herein, Startec agrees to create within 30 days a Compliance Plan
related to future compliance with Section 1.717 of the Commission's
Rules and related Commission Orders. The Plan will include, at a
minimum, the following components:
a. Designate an employee with the title of Regulatory Compliance Manager
("Manager") to oversee Startec's responses to all informal complaints.
The Manager will be responsible for ensuring that informal complaint
responses are thorough and timely filed with the Bureau. To that end,
the Manager will review the Bureau's Consumer Complaint Management
System ("CCMS") daily .
b. The Manager will maintain a "Tracking Spreadsheet" to track all
informal complaints received. In particular, when an informal
complaint is posted on the CCMS, the Manager will enter the date of
the informal complaint as well as the response due date. The Manager
will receive reminders fourteen days, five days, two days prior to the
date that a response is due, as well as on the date that a response is
due.
c. At least once monthly, Startec's General Counsel will review the
Tracking Spreadsheet to ensure that all responses have been timely
filed. The General Counsel will further review the CCMS to ensure that
the Tracking Spreadsheet is complete and accurate.
d. Startec shall report any non-compliance with the Compliance Plan to
the Bureau within thirty (30) days after the discovery of
non-compliance. In such cases, Startec shall simultaneously respond to
the underlying complaint or provide an explanation of its failure to
do so. Startec shall certify at the end of the one (1) year term that
it is compliance with the terms of the Compliance Plan. Such
certification must be mailed within fifteen (15) days after the
two-year anniversary of the Effective Date of this Consent Decree to
the Chief, Telecommunications Consumers Division, Enforcement Bureau,
Federal Communications Commission, 445 12th Street, SW, Washington,
D.C. 20554.
9. Termination Date. Unless stated otherwise, the requirements of this
Consent Decree will expire twenty-four (24) months after the
Effective Date.
10. 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 Startec 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 Startec of the Act, the Rules, or the
Order.
11. Voluntary Contribution. Startec agrees that it will make a voluntary
contribution to the United States Treasury in the amount of seven
thousand dollars ($7,000). The payment will be made within thirty (30)
calendar days after the Effective Date of the Adopting Order. The
payment must be made by check or similar instrument, payable to the
order of the Federal Communications Commission. The payment must
include the Account Number and FRN Number referenced in the caption to
the Adopting Order. Payment by check or money order may be mailed to
Federal Communications Commission, P.O. Box 979088, St. Louis, MO
63197-9000. Payment by overnight mail may be sent to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101. Payment[s] by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For
payment by credit card, an FCC Form 159 (Remittance Advice) must be
submitted. When completing the FCC Form 159, enter the NAL/Account
number in block number 23A (call sign/other ID), and enter the letters
"FORF" in block number 24A (payment type code). Startec will also send
electronic notification on the date said payment is made to
leon.jackler@fcc.gov.
12. Waivers. Startec 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 Commission
issues an Order adopting the Consent Decree without change, addition,
modification, or deletion. Startec shall retain the right to challenge
Commission interpretation of the Consent Decree or any terms contained
herein. 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 Startec nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and Startec
shall waive any statutory right to a trial de novo. Startec hereby
agrees to waive any claims it may otherwise have under the Equal
Access to Justice Act, 5 U.S.C. S: 504 and 47 C.F.R. S: 1.1501 et
seq., relating to the matters addressed in this Consent Decree.
13. 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.
14. 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 Startec does not expressly
consent) that provision will be superseded by such Commission rule or
Order.
15. Successors and Assigns. Startec agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
16. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties. 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
requirements of the Act or the Commission's Rules and Orders. The
Parties agree that this Consent Decree is for settlement purposes only
and that by agreeing to this Consent Decree, Startec does not admit or
deny noncompliance, violation or liability for violating the Act,
Commission's Rules or Orders in connection with the matters that are
the subject of this Consent Decree.
17. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
18. 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.
19. Authorized Representative. Each party represents and warrants to the
other that it has full power and authority to enter into this Consent
Decree.
20. 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.
________________________________
________________________________
Robert Felgar
Kris Anne Monteith
General Counsel
Chief, Enforcement Bureau
Startec Global Operating Company
________________________________
________________________________
Date
Date
Letter from Leon Jackler, Special Counsel, Telecommunications Consumers
Division, Enforcement Bureau, to Mr. Robert Felgar, Counsel for Startec
Global Communications (April 16, 2008).
47 U.S.C. S: 154(i), 503(b).
47 C.F.R. S:S: 0.111, 0.311.
Letter from Leon Jackler, Special Counsel, Telecommunications Consumers
Division, Enforcement Bureau (April 16, 2008) ("April 16, 2008 LOI").
47 C.F.R. 1.717
47 C.F.R. 1.717.
See April 16, 2008 LOI.
See May 9, 2008 LOI response.
Federal Communications Commission DA 08-2702
2
Federal Communications Commission DA 08-2702