FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 4,848
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7. Jurisdiction. International Access 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
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 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 and to cancel the NAL. In consideration for the termination of said
investigation and cancellation of the NAL, International Access 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 International Access 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 International Access' 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, International Access agrees to take all measures
necessary to achieve full compliance with section 64.2009(e) of the Commission's rules. International
Access agrees that within thirty (30) days its personnel will be trained as to when they are and are not
authorized to use CPNI. International Access further agrees to have an express disciplinary process in
place for the unauthorized use of CPNI within thirty (30) days. Additionally, International Access 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. International Access 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; Subseauent 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 International Access 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 International Access of the Act, the
rules, or the Adopting Order.
Fd l nCnc ti C i i
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/20/?rotate=270: accessed September 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.