FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 4,881
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7. Jurisdiction. Tele Circuit 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 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, Tele Circuit 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 Tele Circuit 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 Tele Circuit's 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, Tele Circuit agrees to take all measures necessary to
achieve full compliance with section 64.2009(e) of the Commission's rules. Tele Circuit agrees that
within thirty (30) days its personnel will be trained as to when they are and are not authorized to use
CPNI. Tele Circuit further agrees to have an express disciplinary process in place for the unauthorized
use of CPNI within thirty (30) days. Additionally, Tele Circuit 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. Tele Circuit 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 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 Tele Circuit 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 Tele Circuit of the Act, the rules, or
the Adopting Order.
12. Voluntary Contribution. Tele Circuit agrees that it will make a voluntary contribution to
the United States Treasury in the amount of $5,000. The contribution will be made within thirty (30)
calendar days after the Effective Date of the Adopting Order. Payment must be made by check or similar
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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/m1/53/?rotate=90: accessed October 19, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.