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                                   Before the

                       Federal Communications Commission

                              Washington, DC 20554

   In the Matter of Technical Communication Network, LLC Apparent Liability
   for Forfeiture ) ) ) ) ) File No.: EB-TCD-12-00000627 NAL/Acct. No.:
   201332170009 FRN: 0018042812




             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: February 7, 2013 Released: February 7, 2013

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
       we find that Technical Communication Network, LLC (TCN)^ apparently
       violated an Enforcement Bureau (Bureau) order to produce certain
       information and documents in response to a Bureau Letter of Inquiry
       (LOI) relating to an investigation into possible violations of the
       Communications Act of 1934, as amended (Communications Act or Act).^
       Based on our review of the facts and circumstances before us, we find
       that TCN is apparently liable for a forfeiture of $25,000.
       Furthermore, we direct TCN to submit, not later than ten (10) calendar
       days from the release of this NAL, full and complete responses to the
       Bureau's LOI.

   II. BACKGROUND

    2. The Bureau initiated an investigation of TCN to determine whether it
       had violated the Communications Act in connection with the marketing
       of its prepaid calling cards. As part of the investigation, on
       February 8, 2012, the Bureau sent TCN the LOI, which ordered TCN to
       provide certain information and documents.^ The Bureau directed TCN to
       respond within thirty (30) calendar days from the date of the LOI.
       After the Bureau granted an extension of time to respond to the LOI,
       TCN submitted a response on April 12, 2012. Upon review of the
       response, the Bureau advised TCN that it did not consider the response
       fully responsive to the LOI, and identified the information and
       documents missing from the response.^ In addition, TCN did not provide
       a sworn statement attesting to the truth and accuracy of its answers.
       TCN failed to respond to several subsequent emails and to a letter
       sent via certified mail with a return receipt requested^ and did not
       provide any further information or documents.^

   III. DISCUSSION

    A. Apparent Violation

    3. Under Section 503(b) of the Act, any person who is determined by the
       Commission to have willfully or repeatedly failed to comply with any
       of the provisions of the Act, or any rule or order issued by the
       Commission under the Act, shall be liable for a forfeiture penalty.^
       In order to impose such a forfeiture penalty, the Commission must
       issue a notice of apparent liability and send such notice to the last
       known address of the person against whom the notice has been issued,
       and such person must have an opportunity to show, in writing, why no
       such forfeiture penalty should be imposed.^

    4. Sections 4(i), 218, and 403 of the Act give the Commission broad power
       to compel carriers such as TCN to provide the information and
       documents sought by the Bureau's LOI. Section 4(i) authorizes the
       Commission to "issue such orders, not inconsistent with this Act, as
       may be necessary in the execution of its functions."^ Section 218
       authorizes the Commission to "obtain from . . . carriers . . . full
       and complete information necessary to enable the Commission to perform
       the duties and carry out the objects for which it was created."^
       Section 403 states: "The Commission shall have the same powers and
       authority to proceed with any inquiry . . . including the power to
       make and enforce any order or orders in the case, or relating to the
       matter or thing concerning which the inquiry is had."^

    5. The LOI the Bureau directed to TCN served as a legal order of the
       Commission to produce the requested documents and information. TCN
       received the LOI and the follow-up letter, as evidenced by the return
       receipts provided. TCN's failure to provide the documents and
       information sought, including the requisite sworn
       statement--especially after requesting and receiving an extension to
       provide the information--within the time and manner specified
       constitutes a violation of a Commission order.

   B. Proposed Forfeiture Amount

    6. Section 503(b)(2)(B) of the Act authorizes the Commission to assess a
       forfeiture of up to $150,000 for each violation, or each day of a
       continuing violation, up to a statutory maximum of $1,500,000 for a
       single act or failure to act.^ In determining the appropriate
       forfeiture amount, we consider the factors enumerated in Section
       503(b)(2)(E) of the Act, including "the nature, circumstances, extent,
       and gravity of the violation and, with respect to the violator, the
       degree of culpability, any history of prior offenses, ability to pay,
       and such other matters as justice may require."^ Our forfeiture
       guidelines set forth the base amount for certain kinds of violations,
       and identify criteria, consistent with the Section 503(b)(2)(E)
       factors, that may influence whether we adjust the base amount downward
       or upward. For example, we may adjust a penalty upward for
       "[e]gregious misconduct," or where the subject of an enforcement
       action has engaged in an "[i]ntentional violation" or a "[r]epeated or
       continuous violation."^

    7. Pursuant to Section 1.80 of the Commission's rules and the
       Commission's Forfeiture Policy Statement, the base forfeiture amount
       for failure to respond to Commission communications is $4,000.^ Using
       our discretion to adjust the base forfeiture as circumstances warrant,
       however, we have imposed penalties that are many times higher for
       failing to respond properly to LOIs. For example, we have recently
       imposed a forfeiture of $25,000 for completely failing to respond to
       an LOI,^ and for failing to respond fully to an LOI,^ and have
       proposed a forfeiture of $100,000 for failing to certify to the
       accuracy of an LOI.^ We have imposed these penalties for lack of full
       responsiveness to LOIs because "[m]isconduct of this type exhibits
       contempt for the Commission's authority, and threatens to compromise
       the Commission's ability to adequately investigate violations of its
       rules."^

    8. We find that TCN's apparent failure to fully respond to the Bureau's
       LOI in the circumstances presented here warrants a forfeiture of
       $25,000 because its misconduct appears egregious, intentional, and
       continuous.^ TCN's response to the LOI was insufficient. After
       receiving a follow-up letter from Bureau staff reiterating the need
       for complete and accurate responses, and warning it of the
       consequences of failing to do so, TCN has still not fully responded to
       the LOI or provided a sworn statement verifying the truth and accuracy
       of its responses. Such apparent disregard for the Commission's
       authority and investigatory process appears egregious, intentional,
       and continuous, and therefore supports an adjustment upward from the
       base forfeiture.

    9. We also direct TCN to respond fully to the LOI within ten (10)
       calendar days of the date of this NAL. Failure to do so may constitute
       an additional, continuing violation subjecting TCN to future
       enforcement action, proposing substantially greater forfeitures and
       revocation of TCN's operating authority.^ Consistent with our past
       precedent, other parties that engage in activities subject to the
       Communications Act and our rules are on notice that failure to respond
       properly to Bureau LOIs constitutes violations of Commission orders
       and are subject to enforcement action.

   IV. ORDERING CLAUSES

     *





   10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act, as amended, 47 U.S.C. S 503(b), and Section 1.80 of the
       Commission's rules, 47 C.F.R. S 1.80, Technical Communication Network,
       LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE AND
       ORDER  in the amount of $25,000 for willfully violating an Enforcement
       Bureau directive to respond to a letter of inquiry.

   11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's rules,^ within thirty (30) days of the release date of
       this Notice of Apparent Liability for Forfeiture and Order, Technical
       Communication Network, LLC SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

   12. IT IS FURTHER ORDERED that Technical Communication Network, LLC SHALL
       FULLY RESPOND, not later than ten (10) calendar days from the release
       date of this NAL, to the Bureau's Letter of Inquiry dated February 8,
       2012, in accordance with the delivery instructions set forth therein.

   13. Payment of the forfeiture must be made by check or similar instrument,
       wire transfer, or credit card, and must include the NAL/Account number
       and FRN referenced above. Technical Communication Network, LLC shall
       send electronic notification of payment to Johnny Drake at
       Johnny.Drake@fcc.gov on the date said payment is made. Regardless of
       the form of payment, a completed FCC Form 159 (Remittance Advice) must
       be submitted.^ 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.

   Any request for full payment under an installment plan should be sent to:
   Chief Financial Officer--Financial Operations, Federal Communications
   Commission, 445 12^th Street, S.W., Room 1-A625, Washington, DC  20554.^
   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.

   14. The response, if any, must be mailed both to: Marlene H. Dortch,
       Secretary, Federal Communications Commission, 445 12^th Street, SW,
       Washington, DC 20554, ATTN: Enforcement Bureau - Telecommunications
       Consumers Division; and to Richard A. Hindman, Division Chief,
       Telecommunications Consumers Division, Enforcement Bureau, Federal
       Communications Commission, 445 12^th Street, SW, Washington, DC 20554,
       and must include the NAL/Acct. No. referenced in the caption.
       Documents sent by overnight mail (other than United States Postal
       Service Express Mail) must be addressed to: Marlene H. Dortch,
       Secretary, Federal Communications Commission, Office of the Secretary,
       9300 East Hampton Drive, Capitol Heights, MD 20743. Hand or
       messenger-delivered mail should be directed, without envelopes, to:
       Marlene H. Dortch, Secretary, Federal Communications Commission,
       Office of the Secretary, 445 12^th Street, SW, Washington, DC 20554
       (deliveries accepted Monday through Friday 8:00 a.m. to 7:00 p.m.
       only). See www.fcc.gov/osec/guidelines.html for further instructions
       on FCC filing addresses.

   15. The Commission will not consider reducing or canceling a proposed
       forfeiture in response to a claim of inability to pay unless the
       petitioner submits: (1) federal tax returns for the most recent
       three-year period; (2) financial statements prepared according to
       generally accepted accounting practices; or (3) some other reliable
       and objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture and Order shall be sent by Certified Mail Return
       Receipt Requested and First Class mail to Technical Communication
       Network, LLC c/o Ramia Ainchayba, 535 Lexington Avenue, Clifton, NJ
       07011.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

   ^ According to our records and publicly available information, Technical
   Communication Network, LLC is located at 535 Lexington Avenue, Clifton, NJ
   07011. The Company's Chief Executive Officer is Ramia Ainchayba.

   ^ 47 U.S.C. SS 4(i), 4(j), 218, 403.

   ^ See Letter from Richard A. Hindman, Chief, Telecommunications Consumers
   Division, FCC Enforcement Bureau, to TCN, Attention: Ramia Ainchayba (Feb.
   8, 2012) (on file in EB-TCD-12-00000627) (LOI).

   ^ See E-mail from Erica McMahon, Attorney Advisor, Telecommunications
   Consumers Division, FCC Enforcement Bureau, to Ramia Ainchayba (May 7,
   2012) (noting that TCN did not provide, among other documents and
   information requested, any copies of its prepaid calling cards and
   marketing posters).

   ^ See Letter from Kimberly A. Wild, Deputy Division Chief,
   Telecommunications Consumers Division, FCC Enforcement Bureau, to TCN,
   Attention: Ramia Ainchayba (Sept. 6, 2012) (on file in
   EB-TCD-12-00000627). The letter stated, "[t]he LOI the Bureau directed to
   TCN served as a legal order of the Commission to produce the requested
   information and documents. TCN's failure to provide the requested
   information and documents sought within the time and manner specified will
   be considered a violation of a Commission order and could result in a
   Notice of Apparent Liability."

   ^ The Clifton, NJ post office stamped the return receipt card September
   13, 2012.

   ^ 47 U.S.C. S 503(b); see also 47 C.F.R. S 1.80(a).

   ^ 47 U.S.C. S 503(b)(4); 47 C.F.R. S 1.80(f).

   ^ 47 U.S.C. S 154(i).

   ^ Id. S 218.

   ^ Id. S 403.

   ^ 47 U.S.C. S 503(b)(2)(B); see also 47 C.F.R. S 1.80(b)(2); Amendment of
   Section 1.80 of the Commission's Rules and Adjustment of Forfeiture Maxima
   to Reflect Inflation, Order, 23 FCC Rcd 9845 (2008) (inflation adjustment
   to $150,000/$1,500,000).

   ^ 47 U.S.C. S 503(b)(2)(E); see also The Commission's Forfeiture Policy
   Statement and Amendment of Section 1.80 of the Rules to Incorporate the
   Forfeiture Guidelines, 12 FCC Rcd 17087, 17100 (1997) (Forfeiture Policy
   Statement), recon. denied 15 FCC Rcd 303 (1999); 47 C.F.R. S 1.80(b)(8).

   ^ 47 C.F.R. S 1.80(b)(8) note.

   ^ 47 C.F.R. S 1.80; Forfeiture Policy Statement, 12 FCC Rcd at 17114,
   Appendix A, Section I.

   ^ Net One International, Net One, LLC, Farrahtel International, LLC,
   Notice of Apparent Liability for Forfeiture and Order, 26 FCC Rcd 16493
   (Enf. Bur. Dec. 9, 2011) (proposing $25,000 penalty for failure to respond
   to LOI).

   ^ See, e.g., Google, Inc., Notice of Apparent Liability for Forfeiture, 27
   FCC Rcd 4012 (Enf. Bur. Apr. 12, 2012) (proposing $25,000 penalty for
   failure to respond fully to LOI); Fox Television Stations, Notice of
   Apparent Liability for Forfeiture, 25 FCC Rcd 7074 (2010) (same) (Fox
   NAL).

   ^ See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589
   (2002) (imposing $100,000 penalty for failing to submit a sworn written
   response).

   ^ Fox NAL, 25 FCC Rcd at 7081.

   ^ 47 C.F.R. S 1.80(b)(8), Note to paragraph (b)(8); Forfeiture Policy
   Statement, 12 FCC Rcd at 17100, 17116, Appendix A, Section II.

   ^ See 1^st Source Information Specialists, Inc., d/b/a Locatecell.com,
   Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 8193, 8196-97,
   para. 13 (2006), affirmed, 1^st Source Information Specialists, Inc.,
   d/b/a Locatecell.com, Forfeiture Order, 22 FCC Rcd 431 (2007).

   ^ 47 C.F.R. S 1.80.

   ^ An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

   ^ See 47 C.F.R. S 1.1914.

   (Continued from previous page)

   Federal Communications Commission DA 13-159

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   Federal Communications Commission DA 13-159