FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 4,889

7. Jurisdiction. Westgate Communications 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.
8. 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 Bureau Order.
9. Termination of Investi.ation. 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 and to cancel the NAL. In consideration for the termination of said
investigation and cancellation of the NAL, Westgate Communications 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 Westgate Communications concerning
the matters that were the subject of the investigation. 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 Westgate Communications' basic qualifications, including its character
qualifications, to be a Commission licensee or authorized common carrier or hold Commission
authorizations.
10. Compliance Plan. For purposes of settling the matters set forth herein and to help ensure
compliance with the Commission's CPNI rules, Westgate Communications agrees to take all measures
necessary to achieve full compliance with section 64.2009(e) of the Commission's rules. Westgate
Communications agrees that within thirty (30) days its personnel will be trained as to when they are and
are not authorized to use CPNI. Westgate Communications further agrees to have an express disciplinary
process in place for the unauthorized use of CPNI within thirty (30) days. Additionally, Westgate
Communications agrees to submit a copy of its annual section 64.2009(e) compliance certificate, which it
is required to file annually in EB Docket 06-36, for each of two (2) years following the Effective Date of
this Consent Decree to the Chief, Telecommunications Consumers Division, Enforcement Bureau,
Federal Communications Commission, 445 12th Street, S.W. Room 4-C244, Washington, D.C. 20554,
and must include the file number listed above. Westgate Communications will also send an electronic
copy of its certification to other Telecommunications Consumers Division staff as directed by the
Division Chief. This Consent Decree will expire two (2) years after the Effective Date or upon the
termination of the certification requirement set forth in section 64.2009(e) of the Commission's rules, 47
C.F.R. 64.2009(e), whichever is earlier.
11. Section 208 Complaints; Subsequent Investiations. 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 Westgate Communications 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 Westgate Communications of the
Act, the rules, or the Adopting Order.

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PFederal Communicatinns nmmision

lDA 11-546