*Pages 1--3 from Microsoft Word - 42726* Federal Communications Commission DA 04- 3045 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Primus Telecommunications, Inc. Compliance with the Commission’s Rules and Regulations Governing the National Do- Not- Call Registry ) ) ) ) ) ) ) ) ) File No. EB- 03- TC- 162 NAL/ Acct. No. 20043217 0006 FRN: 0004317798 ORDER Adopted: September 28, 2004 Released: September 30, 2004 By the Chief, Enforcement Bureau: 1. In this Order, we grant a motion filed by Primus Telecommunications, Inc. (“ Primus”) on September 17, 2004, 1 requesting that we adopt an amendment to the Consent Decree entered into between the Enforcement Bureau and Primus. 2 Primus requests that the Consent Decree be amended to correct the description in paragraph 2 of Primus and its business. The proposed amendment does not affect the provisions that pertain to Primus’s obligations under the Consent Decree. 2. After reviewing the proposed amendment, we find that the public interest would be served by granting Primus’s motion and adopting the attached amendment to the Consent Decree. Accordingly, IT IS ORDERED that Primus’s September 17, 2004 motion IS GRANTED and that the attached amendment to the Consent Decree IS ADOPTED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 1 Primus Motion, File No, EB- 03- TC- 162 (Sept. 17, 2004). 2 See Order and Consent Decree, DA No. 04- 287, File No. EB- 03- TC- 162, (rel. Sept. 7, 2004). 1 Federal Communications Commission DA 04- 3045 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Primus Telecommunications, Inc. Compliance with the Commission’s Rules and Regulations Governing the National Do- Not- Call Registry ) ) ) ) ) ) ) ) ) File No. EB- 03- TC- 162 NAL/ Acct. No. 200432170006 FRN: 0004317798 Amendment to Consent Decree The undersigned parties hereby agree to amend the Consent Decree executed on September 3, 2004, and adopted by the Chief, Enforcement Bureau of the Commission in the above- captioned docket by Order dated September 7, 2004, DA 04- 2847, (the “September 3rd Consent Decree”) by replacing paragraph 2 of the September 3rd Consent Decree with the revised paragraph and footnote set forth below. This amended paragraph and footnote includes a corrected description of Primus Telecommunications, Inc. and its business. 2. Primus, headquartered in McLean, Virginia, is the principal U. S. operating subsidiary of Primus Telecommunications Group, Inc. (“ PTGI”), a global facilities- based telecommunications services provider offering international and domestic voice, Internet and data services to business and residential retail customers, as well as to other carriers. Primus holds numerous authorizations to provide telecommunications services from the FCC and state public utility commissions. In the past, outbound telemarketing generated approximately 40 percent of the new sales in Primus’s International Consumer Marketing (“ ICM”) division. 1 Primus does not engage, however, in direct telemarketing to residential consumers. In September 2003, Primus hired a third party telemarketer, Spanco Telesystems & Solutions, Ltd. (“ Telemarketer”), to conduct telemarketing on its behalf. 1 The revenues attributed to Primus’s ICM division constitute approximately 2 percent of the total PTGI corporate revenues. 2 Federal Communications Commission DA 04- 3045 - 2 - The parties agree that all other provisions set forth in the September 3rd agreement remain in force without change. This amendment may be executed in counterparts. For: Primus Telecommunications, Inc. ___________________ _____________________________________________ Date Walter L. Stone For: Enforcement Bureau Federal Communications Commission ___________________ _____________________________________________ Date David H. Solomon 3