FCC Record, Volume 28, No. 2, Pages 876 to 1828, February 1 - February 26, 2013 Page: 942
ix, 876-1828 p. ; 28 cm.View a full description of this book.
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Lateef intentionally provided false or misleading information to the state commissions.12 Although we
take allegations of nondisclosure seriously, a thorough review of the record provides no definitive
evidence that the nondisclosure was intentional. We are persuaded that, on a going forward basis,
Amvensys has a plan in place to ensure accurate, timely, and compliant dealings with the Commission.
Specifically, Amvensys states that it has taken the following steps over the last three years: Amvensys
replaced the Unity management team to ensure adherence to regulatory requirements, including section
214 obligations; the Amvensys Legal & Regulatory Department replaced outside counsel and now
coordinates with management on a weekly basis to ensure regulatory compliance and accuracy; and
Amvensys hired a general counsel and is interviewing candidates for a Compliance Director position."
Further, the Enforcement Bureau and Amvensys entered into a Consent Decree terminating the
Enforecement Bureau's investigation into the unauthorized transfer of control of Unity and adopting a
Compliance Plan.'4 We find that these steps provide sufficient assurance that Amvensys and its affiliates
will comply with their statutory and regulatory requirements. Accordingly, we find that there is a lack of
record evidence to support a determination that Mr. Lateef is unqualified to hold a section 214 license or
authorization from the Commission. Mr. Green's other claims that Mr. Lateef will mismanage Unity or
fund it from questionable sources are speculative." We find that the transaction is likely to result in
public interest benefits, including uninterrupted provision of the prepaid telecommunications services
that Unity provides to its customers.16 The Bureau concludes, upon consideration of the record, that
grant of the application will serve the public interest, convenience, and necessity.
Pursuant to section 1.103 of the Commission's rules, 47 C.F.R. 1.103, the consent granted
herein is effective upon the release of this Public Notice. Petitions for reconsideration under section
1.106 or applications for review under section 1.115 of the Commission's rules, 47 C.F.R. 1.106,
1.115, may be filed within 30 days of the date of this Public Notice.
For further information, please contact Dennis Johnson, (202) 418-0809, Competition Policy
Division, Wireline Competition Bureau.
-FCC-
12 Applicant Reply at 4-5 and Attach. 1.
'3 May 18 Ex Parte Letter at 2-3. Letter from John tleitmann and Joan M. Griffin, Counsel to Applicants, to
Marlene Dortch, Secretary, FCC, WC Docket No. 12-32 (filed Sept. 24, 2012).
14 Amvensys Capital Group, LLC, Order and Consent Decree, DA 13-85 (rel. Feb. 7, 2013).
15 WorldCom-MCI Order, 18 FCC Rcd at 26494 n.57. For example, Mr. Green alleges that Mr. Lateef
mismanaged a reseller of electric utility service in Texas that eventually went out of business. Green Comments at
1-2; Green March 7 Ex Parte Letter at 1-2. Applicants state that the electric utility's discontinuance of service was
unrelated to Mr. Lateef's 15 percent ownership interest in the entity. Letter from John Heitmann and Joan M.
Griffin, Counsel to Applicants, to Marlene Dortch, Secretary, FCC, WC Docket No. 12-32 at 2-4 (filed Mar. 30,
2012).
16 Application at 7-8.942
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 2, Pages 876 to 1828, February 1 - February 26, 2013, book, February 2013; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc177412/m1/83/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.