# Before the

# Federal Communications Commission

# Washington, D.C. 20554

+--------------------------------+-------+-----------------------------+
| In the Matter of               | )     | File No. EB-04-IH-0394      |
|                                |       |                             |
| BCE Nexxia Corporation         | )     | NAL/Acct. No. 200532080143  |
|                                |       |                             |
|                                | )     | FRN No. 0008-2783-76        |
|                                |       |                             |
|                                | )     |                             |
|                                |       |                             |
|                                | )     |                             |
+--------------------------------+-------+-----------------------------+

# ORDER

**Adopted:** December 12, 2008 **Released:** December 15, 2008

**By the Commission:**

1.  In this Order, we adopt the attached Consent Decree entered into
    between the Federal Communications Commission ("Commission") and BCE
    Nexxia Corporation ("BCE"). The Consent Decree terminates an
    investigation and Notice of Apparent Liability for Forfeiture
    ("NAL") by the Commission against BCE for possible violations of
    sections 9, 214, and 254 of the Communications Act of 1934, as
    amended ("the Act"), 47 U.S.C. §§ 159, 214, 254, sections 34-39 of
    the Cable Landing Act, 47 U.S.C. §§ 34-39, Executive Order No.
    10530, and sections 1.767, 1.1154, 1.1156, 43.61, 43.82, 54.706,
    54.711, 63.10, and 63.11 of the Commission's rules, 47 C.F.R. §§
    1.767, 1.1154, 1.1156, 43.61, 43.82, 54.706, 54.711, 63.10, and
    63.11, regarding violation of the universal service reporting and
    contribution requirements, as well as international reporting and
    fee payment requirements.

2.  The Commission and BCE have negotiated the terms of the Consent
    Decree that resolve this matter. A copy of the Consent Decree is
    attached hereto and incorporated by reference.

3.  After reviewing the terms of the Consent Decree and evaluating the
    facts before us, we find that the public interest would be served by
    adopting the Consent Decree, which terminates the investigation and
    cancels the NAL.

4.  In the absence of material new evidence relating to this matter, we
    conclude that our investigation raises no substantial or material
    questions of fact as to whether BCE possesses the basic
    qualifications, including those related to character, to hold or
    obtain any Commission license or authorization.

5.  Accordingly, **IT IS ORDERED** that, pursuant to sections 4(i) and
    503(b) of the Communications Act of 1934, as amended,[^1] the
    Consent Decree attached to this Order **IS ADOPTED**.

6.  **IT IS FURTHER ORDERED** that the above-captioned investigation
    **IS TERMINATED** and the Notice of Apparent Liability for
    Forfeiture **IS CANCELLED**.

7.  **IT IS FURTHER ORDERED** that a copy of this Order and Consent
    Decree shall be sent by first class mail and certified mail, return
    receipt requested, to Joel S. Winnik**,** Counsel for BCE, Columbia
    Square, 555 Thirteenth Street, NW, Washington D.C., 20004.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

# Before the

# Federal Communications Commission

# Washington, D.C. 20554

+--------------------------------+-------+-----------------------------+
| In the Matter of               | )     | File No. EB-04-IH-0394      |
|                                |       |                             |
| BCE Nexxia Corporation         | )     | NAL/Acct. No. 200532080143  |
|                                |       |                             |
|                                | )     | FRN No. 0008-2783-76        |
|                                |       |                             |
|                                | )     |                             |
|                                |       |                             |
|                                | )     |                             |
+--------------------------------+-------+-----------------------------+

**CONSENT DECREE**

1.  The Federal Communications Commission ("Commission" or *"*FCC") and
    BCE Nexxia Corporation ("BCE" or the "Company") (as defined in para
    2(c) hereof), by their authorized representatives, hereby enter into
    this Consent Decree for the purpose of terminating the Commission's
    investigation into whether BCE violated sections 9, 214 and 254 of
    the Communications Act of 1934, as amended ("the Act"), 47 U.S.C. §§
    159, 214, 254, sections 34-39 of the Cable Landing Act, 47 U.S.C. §§
    34-39, Executive Order No. 10530, and sections 1.767, 1.1154,
    1.1156, 43.61, 43.82, 54.706, 54.711, 63.10, and 63.11 of the
    Commission's rules, 47 C.F.R. §§ 1.767, 1.1154, 1.1156, 43.61,
    43.82, 54.706, 54.711, 63.10, and 63.11, regarding violation of the
    universal service reporting and contribution requirements, as well
    as international reporting and fee payment requirements.

    **I. DEFINITIONS**

2.  For the purposes of this Consent Decree, the following definitions
    shall apply:

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(a) "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
    § 151 *et seq.*

(b) "Adopting Order" means an Order of the Commission adopting the terms
    of this Consent Decree without change, addition, deletion, or
    modification.

(c) "BCE" or "the Company" means BCE Nexxia Corporation, BCE Nexxia
    Voice Services Corporation, Marine Cable Corporation and their
    predecessors-in-interest and successors-in-interest, collectively.

(d) "Bureau" means the Enforcement Bureau of the Federal Communications
    Commission.

(e) "Commission" and "FCC" mean the Federal Communications Commission
    and all of its bureaus and offices.

(f) "Compliance Plan" means the program described in this Consent Decree
    at paragraph 8.

(g) "Effective Date" means the date on which the Commission releases the
    Adopting Order.

(h) "Investigation" means the investigation commenced by the Bureau's
    September 8, 2004 Letter of Inquiry[^2] regarding whether BCE Nexxia
    Corporation violated the universal service reporting and
    contribution requirements of Section 254 of the Communications Act
    of 1934, as amended (the "Act"), 47 U.S.C. § 254, and of sections
    54.706 and 54.711 of the Commission's rules, 47 C.F.R. §§ 54.706 and
    54.711. It also includes the BCE self-disclosure with regard to
    compliance with section 9 and 214 of the Act, 47 U.S.C. §§ 159, 214,
    and of sections 34-39 of the Cable Landing Act, 47 U.S.C. §§ 34-39,
    and Executive Order No. 10530, and sections 1.767, 1.1154, 1.1156,
    43.61, 43.82, 63.10, and 63.11 of the Commission's Rules, 47 C.F.R.
    §§ 1.767, 1.1154, 1.1156, 43.61, 43.82, 63.10, and 63.11, regarding
    violation of the universal service reporting and contribution
    requirements, as well as international reporting and fee payment
    requirements

(i) "NAL" means Notice of Apparent Liability for Forfeiture, 20 FCC Rcd
    15121 (2005).

(j) "Parties" means BCE and the Commission.

(k) "Rules" means the Commission's regulations found in Title 47 of the
    Code of Federal Regulations.

**II. BACKGROUND**

3.  On September 13, 2005, the Commission issued a Notice of Apparent
    Liability for Forfeiture ("NAL")[^3] proposing that BCE be held
    liable for a forfeiture of \$282,000 for apparent violations of
    section 254 of the Act and sections 54.711(a) and 54.706(a) of the
    Commission's Rules by willfully and repeatedly failing to submit
    certain Telecommunications Reporting Worksheets and by failing to
    contribute to the Universal Service Fund ("USF"). In response, BCE
    requested that the Commission consider settling the investigation
    with a consent agreement prior to issuing a forfeiture order. During
    the course of the settlement discussions, BCE voluntarily disclosed
    several other potential violations of the Act and the Commission's
    rules involving Submarine Cable Landing License Reports,
    International Bearer Circuit Fees, International Carrier Traffic and
    Revenue Reports, International Circuit Status Reports, and Foreign
    Carrier Affiliation Notification and proposed that the new
    self-disclosed violations be settled in the same consent agreement.
    As of the Effective Date, BCE has paid all invoiced amounts to the
    Universal Service Fund, Telecommunications Relay Service Fund, cost
    recovery mechanisms for the North American Numbering Plan
    administration, and regulatory fees, as well as complied with the
    other regulatory obligations noted above.

**III. TERMS OF AGREEMENT**

4.  **[Adopting Order]{.underline}.** The Parties agree that the
    provisions of this Consent Decree shall be subject to final approval
    by the Commission by incorporation of such provisions by reference
    in the Adopting Order without change, addition, modification, or
    deletion.

5.  **[Jurisdiction]{.underline}.** BCE agrees that the Commission has
    jurisdiction over it and the matters contained in this Consent
    Decree and has the authority to enter into and adopt this Consent
    Decree.

6.  **[Effective Date; Violations]{.underline}.** 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 Commission. Any violation of the Adopting Order
    or of the terms of this Consent Decree shall constitute a separate
    violation of a Commission Order, entitling the Commission to
    exercise any rights and remedies attendant to the enforcement of a
    Commission Order.

7.  **[Termination of Investigation]{.underline}.** In express reliance
    on the covenants and representations in this Consent Decree and to
    avoid further expenditure of public resources, the Commission agrees
    to terminate its investigation and to cancel its NAL. In
    consideration for the termination of said investigation and
    cancellation of the NAL, BCE agrees to the terms, conditions, and
    procedures contained herein. The Commission further agrees that in
    the absence of new material evidence, the Commission will not use
    the facts developed in this investigation including information
    voluntarily disclosed by BCE, 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 BCE
    concerning the matters that were the subject of the investigation.
    The Commission also agrees that it will not use the facts developed
    in this investigation including information voluntarily disclosed by
    BCE, 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 BCE with respect to BCE's basic qualifications, including
    its character qualifications, to be a Commission licensee or
    authorized common carrier or hold Commission authorizations.

8.  **[Compliance Plan]{.underline}.** For purposes of settling the
    matters set forth herein, BCE agrees to create within sixty **(**60)
    calendar days a Compliance Plan related to future compliance with
    the Act, the Commission's Rules, and the Commission's Orders. The
    Plan will include, at a minimum, the following components:

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(a) Compliance Manual. BCE shall create, maintain and update an FCC
    Compliance Manual. BCE personnel who engage in activities related to
    FCC regulation of BCE will have ready access to the Compliance
    Manual and are to follow the procedures contained therein. The
    Compliance Manual will, among other things, describe the rules and
    requirements as they apply to BCE regarding international bearer
    circuit fees, annual regulatory fees, the Universal Service Fund,
    the Telecommunications Relay Service Fund, and the North American
    Numbering Plan administration cost recovery fund, as well as the
    filing of Submarine Cable Landing License Reports, International
    Carrier Traffic and Revenue Reports, International Circuit Status
    Reports, and Foreign Carrier Affiliation Notifications. The
    Compliance Manual will set forth a schedule of filing and payment
    dates associated with these regulatory programs, and BCE will create
    compliance notifications that alert BCE to upcoming filing and
    payment dates. The Compliance Manual will encourage personnel to
    contact BCE's Designated Contact, Regulatory Legal Counsel,
    Regulatory Services Advisors, and/or Mirko Bibic, Vice President,
    Regulatory Matters, with any questions or concerns that arise with
    respect to BCE's FCC compliance. BCE shall submit to the Bureau a
    final version of its Compliance Manual sixty (60) days after the
    Effective Date.

(b) Compliance Training Program. BCE will establish an FCC compliance
    training program for any employee who engages in activities related
    to FCC regulation of BCE. Training sessions will be conducted at
    least annually for such employees to ensure compliance with the Act
    and the FCC's regulations and policies and, for new employees who
    are engaged in such activities, within the first sixty (60) days of
    employment.

(c) Designated Contact. BCE will designate Mirko Bibic, Vice President
    Regulatory Matters as the point of contact for all FCC compliance
    matters.

(d) Review and Monitoring. BCE will review the FCC Compliance Manual and
    FCC Compliance Training Program annually to ensure that they are
    maintained in a proper manner and continue to address the objectives
    set forth therein.

(e) Termination. BCE's obligations under this Paragraph shall expire
    twenty-four (24) months after the Effective Date.

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9.  **[Compliance Reports]{.underline}.** BCE will file compliance
    reports with the Commission ninety (90) days after the Effective
    Date, twelve (12) months after the Effective Date, and
    twenty-four (24) months after the Effective Date. Each compliance
    report shall include a compliance certificate from an officer, as an
    agent of BCE, stating that the officer has personal knowledge that
    BCE has established operating procedures intended to ensure
    compliance with this Consent Decree, together with an accompanying
    statement explaining the basis for the officer's compliance
    certification. All compliance reports shall be submitted to
    Hillary S. DeNigro, Chief, Investigations and Hearing Division,
    Enforcement Bureau, Federal Communications Commission, 445 12th
    Street, S.W., Washington, D.C. 20554. The compliance reports shall
    also be submitted electronically to hillary.denigro@fcc.gov.

10. **[Voluntary Contribution]{.underline}.** BCE agrees that it will
    make a voluntary contribution to the United States Treasury in the
    amount of three hundred and twenty five thousand dollars (\$325,000)
    with payment to be made within thirty (30) calendar days after the
    Effective Date of the Adopting Order. The payment must be made by
    check or similar instrument, payable to the Order of the Federal
    Communications Commission. The payment must include the Account
    Number and FRN Number referenced in the caption to the Adopting
    Order. Payment by check or money Order may be mailed to Federal
    Communications Commission, P.O. Box 979088, St. Louis, MO
    63197-9000. Payment by overnight mail may be sent to U.S. Bank --
    Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
    Louis, MO 63101. Payment by wire transfer may be made to ABA Number
    021030004, receiving bank Federal Reserve Bank of New York, and
    account number 27000001. BCE will also send electronic notification
    to [elizabeth.mumaw@fcc.gov]{.underline} and
    [trent.harkrader@fcc.gov]{.underline} within forty-eight (48) hours
    of the date said payment is made.

11. **[Waivers]{.underline}.** BCE waives any and all rights it may have
    to seek administrative or judicial reconsideration, review, appeal
    or stay, or to otherwise challenge or contest the validity of this
    Consent Decree and the Adopting Order, provided the Commission
    issues the Adopting Order adopting the Consent Decree without
    change, addition, modification, or deletion. BCE shall retain the
    right to challenge Commission interpretation of the Consent Decree
    or any terms contained herein. If either Party (or the United States
    on behalf of the Commission) brings a judicial action to enforce the
    terms of the Adopting Order, neither BCE nor the Commission shall
    contest the validity of the Consent Decree or the Adopting Order,
    and BCE shall waive any statutory right to a trial *de novo*. BCE
    hereby agrees to waive any claims it may otherwise have under the
    Equal Access to Justice Act, 5 U.S.C. § 504 and 47 C.F.R. § 1.1501
    *et seq*., relating to the matters addressed in this Consent Decree.

12. **[Subsequent Rule or Order]{.underline}.** The Parties agree that
    if any provision of the Consent Decree conflicts with any subsequent
    rule or Adopting Order (except an Order specifically intended to
    revise the terms of this Consent Decree to which BCE does not
    expressly consent) that provision will be superseded by such
    Commission rule or Order.

13. **[Successors and Assigns]{.underline}.** BCE agrees that the
    provisions of this Consent Decree shall be binding on its
    successors, assigns, and transferees.

14. **[Final Settlement]{.underline}.** The Parties agree and
    acknowledge that this Consent Decree shall constitute a final
    settlement between the Parties. The Parties further agree that this
    Consent Decree does not constitute either an adjudication on the
    merits or a factual or legal finding or determination regarding any
    compliance or noncompliance with the requirements of the Act or the
    Commission's Rules and Orders.

15. **[Modifications]{.underline}.** This Consent Decree cannot be
    modified without the advance written consent of both Parties.

16. **[Paragraph Headings]{.underline}.** The headings of the Paragraphs
    in this Consent Decree are inserted for convenience only and are not
    intended to affect the meaning or interpretation of this Consent
    Decree.

17. **[Authorized Representative]{.underline}.** Each party represents
    and warrants to the other that it has full power and authority to
    enter into this Consent Decree.

18. **[Counterparts]{.underline}.** This Consent Decree may be signed in
    any number of counterparts (including by facsimile), each of which,
    when executed and delivered, shall be an original, and all of which
    counterparts together shall constitute one and the same fully
    executed instrument.

+-----------------------------------+-----------------------------------+
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\   |                                   |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                   |
|                                   |                                   |
| Marlene H. Dortch                 |                                   |
|                                   |                                   |
| Secretary                         |                                   |
|                                   |                                   |
| Federal Communications Commission |                                   |
|                                   |                                   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\   |                                   |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                   |
|                                   |                                   |
| Date                              |                                   |
|                                   |                                   |
| **                                |                                   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ |                                   |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** |                                   |
|                                   |                                   |
| Mirko Bibic                       |                                   |
|                                   |                                   |
| Vice President, Regulatory        |                                   |
| Matters                           |                                   |
|                                   |                                   |
| BCE Nexxia Corporation, BCE       |                                   |
| Nexxia Voice Services Corporation |                                   |
| and Marine Cable Corporation      |                                   |
|                                   |                                   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\   |                                   |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |                                   |
|                                   |                                   |
| Date                              |                                   |
+-----------------------------------+-----------------------------------+

# 

[^1]: 47 U.S.C. § 154(i), 503(b).

[^2]: *See* Letter from Hillary S. DeNigro, Deputy Chief, Investigations
    and Hearings Division, Enforcement Bureau, to David C. Kidd, Vice
    President, Regulatory Law, BCE Nexxia Corporation, dated September
    8, 2004 (September 8, 2004 LOI).

[^3]: *BCE Nexxia Corporation*, Notice of Apparent Liability, 20 FCC Rcd
    15121 (2005).