*Pages 1--2 from Microsoft Word - 42496* Federal Communications Commission DA 04- 2828 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Virgin Islands Telephone Corporation d/ b/ a Innovative Telephone, Innovative Long Distance, Inc., and Vitelcom Cellular, Inc. d/ b/ a Innovative Wireless ) ) ) ) ) ) File No. EB- 03- IH- 0707 Acct. No. 200432080300 FRN Nos. 0004- 5555- 95, 0007- 4521- 54, and 0005- 0870- 20 ORDER Adopted: September 22, 2004 Released: September 23, 2004 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation into possible violations by Virgin Islands Telephone Corporation d/ b/ a Innovative Telephone, Innovative Long Distance, Inc., and Vitelcom Cellular, Inc. d/ b/ a Innovative Wireless (collectively, “ICC Entities”) of sections 52.17, 54.706, and 64.604 of the Commission’s rules (“ Rules”), 47 C. F. R. §§ 52.17, 54.706 and 64.604, in connection with the Universal Service Fund (“ USF”), Telecommunications Relay Services (“ TRS”) Fund, and the North American Numbering Plan Administration (“ NANPA”) Fund contribution requirements. 1 2. The Bureau and Innovative Communications Corporation (“ ICC”), the holding company of the ICC Entities, have negotiated the terms of a Consent Decree that would terminate the Bureau’s investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. Based on the record before us we conclude that there are no substantial or material questions of fact with respect to this matter as to whether ICC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to section 4( i) of the Communications Act of 1934, as amended, 47 U. S. C. § 154( i), and the authority delegated by section 0.111 and 0.311 of the Commission’s rules, 47 C. F. R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 1 Letter from Hillary DeNigro, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Jeffrey J. Prosser, Chief Executive Officer, Innovative Communications Corporation, dated February 4, 2004. 1 Federal Communications Commission DA 04- 2828 2 6. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 2