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 Federal  Communications  Commission  DA  02-  172 
 Before  the 
 FEDERAL  COMMUNICATIONS  COMMISSION  Washington,  D.  C.  20554 


 In  the  Matter  of 
 OPTEL  TEXAS  TELECOM,  INC. 
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 File  No.  EB-  01-  IH-  0017o 
 Acct.  No.  200132080046 
 FRN  0004-  3413-  27 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  January  22,  2002  Released:  January  23,  2002 
 By  the  Chief,  Enforcement  Bureau: 
 1.  By  this  Memorandum  Opinion  and  Order  we  adopt  the  attached  Consent  Decree  entered 
 into  between  the  Enforcement  Bureau,  and  OpTel,  Inc.  and  its  wholly-  owned  subsidiary,  OpTel  (Texas) 
 Telecom,  Inc.  We  find  that  the  Consent  Decree  provides  for  an  appropriate  resolution  of  the  Bureau’s 
 investigation  into  OpTel’s  compliance  with  section  52.  15(  f)  of  the  Commission’s  rules,  which  requires 
 semi-  annual  reporting  of  number  utilization  and  forecast  data.  1 


 2.  OpTel  (Texas)  Telecom,  Inc.  is  no  longer  a  regulated  provider  of  local  and  long-  distance 
 telephone  services,  because  it  discontinued  such  services  during  August  of  2001.  The  Consent  Decree 
 provides,  however,  among  other  things,  that  if  in  the  future  OpTel  provides  local  or  long-  distance  telephone 
 service  or  is  otherwise  required  by  the  Commission’s  rules  to  report  on  its  actual  or  forecast  number  usage, 
 it  will  implement  a  program  to  ensure  its  future  compliance  with  the  Act  and  the  Commission’s  rules  and 
 policies.  In  addition,  the  Consent  Decree  provides  that  OpTel  will  make  a  voluntary  contribution  to  the 
 United  States  Treasury  in  the  amount  of  $7,200.  2 


 3.  We  have  reviewed  the  Consent  Decree  and  evaluated  the  circumstances  underlying  the 
 investigation.  We  believe  that  the  public  interest  would  be  served  by  adopting  the  Consent  Decree  and 
 terminating  the  investigatory  proceeding. 


 4.  ACCORDINGLY,  IT  IS  ORDERED  that,  pursuant  to  Sections  4(  i),  4(  j),  and  503(  b)  of 
 the  Communications  Act  of  1934,  as  amended,  3  and  Sections  0.111  and  0.311  of  the  Commission’s  rules,  4 
 the  Consent  Decree  attached  hereto  IS  ADOPTED. 


 1  47  C.  F.  R.  §  52.15(  f). 
 2  Payment  may  be  made  by  mailing  a  check  or  similar  instrument,  payable  to  the  order  of  the  Federal 
 Communications  Commission,  to  the  Forfeiture  Collection  Section,  Finance  Branch,  Federal  Communications 
 Commission,  P.  O.  Box  73482,  Chicago,  Illinois  60673-  7482.  The  payment  must  include  the  FCC  Registration 
 Number  (FRN)  and  the  Acct.  No.  referenced  above. 


 3  47  U.  S.  C.  §§  4(  i),  4(  j),  503(  b). 


 4  47  C.  F.  R.  §§  0.111,  0.311 
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 Federal  Communications  Commission  DA  02-  172 
 2 
 5.  IT  IS  FURTHER  ORDERED,  That  the  Notice  of  Apparent  Liability  for  Forfeiture, 
 OpTel  Texas  Telecom,  Inc.,  16  FCC  Rcd  8655  (EB  2001)  IS  HEREBY  CANCELLED  and  the  above-captioned 
 investigatory  proceeding  IS  TERMINATED. 


 6.  IT  IS  FURTHER  ORDERED,  That  a  copy  of  this  Memorandum  Opinion  and  Order  and 
 Consent  Decree  shall  be  sent  by  certified  mail,  return  receipt  requested  to  David  Curtin,  Vice  President, 
 OpTel,  1111  W.  Mockingbird  Lane,  Suite  1000,  Dallas,  Texas  75247  and  Joseph  A.  Godles,  Esq., 
 Goldberg,  Godles,  Weiner  &  Wright,  1229  Nineteenth  Street,  N.  W.,  Washington,  DC  20036. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon 
 Chief,  Enforcement  Bureau 
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