Federal Communications Commission DA 12-267
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Bay Springs Communications, Inc.
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File No.:  EB-11-IH-0610
Acct. No.:  201232080017
FRN:  0015518269
ORDER
Adopted:  February 24, 2012 Released:  February 24, 2012
By the Acting Chief, Investigations and Hearings Division, Enforcement Bureau: 
1. In this Order, we adopt a Consent Decree entered into between the Enforcement Bureau 
(Bureau) and Bay Springs Communications, Inc. (BSCI).  The Consent Decree terminates an 
investigation by the Bureau against BSCI for possible violations of Sections 9(a)(1), 225, 251(e)(2), and 
254(d) of the Communications Act of 1934, as amended (Act),1 and Sections 1.1154, 1.1157, 43.61, 
52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission’s rules (Rules)2 concerning various 
regulatory fee and reporting obligations as well as required contributions to the Universal Service Fund, 
the Telecommunications Relay Service Fund, and the North American Numbering Plan and Local 
Number Portability administration.  The Consent Decree also terminates an investigation by the Bureau 
into possible violations of Section 222 of the Act,3 Section 64.2009(e) of the Rules,4 and the 
Commission’s EPIC CPNI Order5 regarding BSCI’s customer proprietary network information 
obligations.
2. A copy of the Consent Decree negotiated by the Bureau and BSCI is attached hereto and 
incorporated herein 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 and terminating the 
investigation.
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 BSCI possesses the basic 
qualifications, including those related to character, to hold or obtain any Commission license or 
authorization.  
  
1 47 U.S.C. §§ 159(a)(1), 225, 251(e)(2), 254(d).
2 47 C.F.R. §§ 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711, 64.604, 64.1195.
3 47 U.S.C. § 222.
4 47 C.F.R. § 64.2009(e).
5 Implementation of the Telecommunications Act of 1996: Telecommunications Carriers’ Use of Customer 
Proprietary Network Information and Other Customer Information; IP-Enabled Services, Report and Order and 
Further Notice of Proposed Rulemaking, 22 FCC Rcd 6927, 6953 (2007) (EPIC CPNI Order); aff’d sub nom. Nat’l 
Cable & Telecom. Assoc. v. FCC, 555 F.3d 996 (D.C. Cir. 2009).
Federal Communications Commission DA 12-267
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5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act,6
and Sections 0.111 and 0.311 of the Rules,7 the Consent Decree attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS 
TERMINATED.
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 Thomas J. Moorman, Woods & 
Aitken LLP, 2154 Wisconsin Ave., NW, Suite 200, Washington, DC 20007.
FEDERAL COMMUNICATIONS COMMISSION
Theresa Z. Cavanaugh
Acting Chief
Investigations and Hearings Division
Enforcement Bureau 
  
6 47 U.S.C. §§ 154(i), 503(b).
7 47 C.F.R. §§ 0.111, 0.311.
Federal Communications Commission DA 12-267
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Bay Springs Communications, Inc.
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)
)
)
)
)
)
File No.:  EB-11-IH-0610
Acct. No.:  201232080017
FRN:  0015518269
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission and Bay Springs 
Communications, Inc., by their authorized representatives, hereby enter into this Consent Decree for the 
purpose of terminating the Bureau’s investigation into whether BSCI violated Sections 9(a)(1), 225, 
251(e)(2), and 254(d) of the Communications Act of 1934, as amended,1 and Sections 1.1154, 1.1157, 
43.61, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission’s rules,2 concerning the 
following issues:  (1) payment of annual regulatory fees; (2) filing of international telecommunications 
traffic reports; (3) contributions to the Universal Service Fund and Telecommunications Relay Services 
Fund; (4) contributions to the cost-recovery mechanisms for North American Numbering Plan and Local 
Number Portability administration; and (5) the reporting of information as set forth on the 
Telecommunications Reporting Worksheets.  The Consent Decree also terminates an investigation by the 
Bureau for possible violations of Section 222 of the Act,3 Section 64.2009(e) of the Rules,4 and the 
Commission’s EPIC CPNI Order,5 regarding BSCI’s apparent failure to timely file compliant annual 
customer proprietary network information certifications pursuant to Section 64.2009(e).
I. DEFINITIONS
2. For the purposes of this Consent Decree, the following definitions shall apply:
(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) “BSCI” means Bay Springs Communications, Inc. and its predecessors-in-interest 
and successors-in-interest.
(d) “Bureau” means the Enforcement Bureau of the Federal Communications 
Commission.
  
1 47 U.S.C. §§ 159(a)(1), 225, 251(e)(2), 254(d).
2 47 C.F.R. §§ 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711, 64.604, 64.1195.
3 47 U.S.C. § 222.
4 47 C.F.R. § 64.2009(e).
5 Implementation of the Telecommunications Act of 1996: Telecommunications Carriers’ Use of Customer 
Proprietary Network Information and Other Customer Information; IP-Enabled Services, Report and Order and 
Further Notice of Proposed Rulemaking, 22 FCC Rcd 6927, 6953 (2007) (EPIC CPNI Order); aff’d sub nom. Nat’l 
Cable & Telecom. Assoc. v. FCC, 555 F.3d 996 (D.C. Cir. 2009).
Federal Communications Commission DA 12-267
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(e) “Commission” and “FCC” mean the Federal Communications Commission and all of 
its bureaus and offices.  
(f) “Communications Laws” means collectively, the Act, the Rules, and the published 
and promulgated orders and decisions of the Commission to which BSCI is subject 
by virtue of its business activities.
(g) “Company” means Bay Springs Communications, Inc. and its predecessors-in-
interest and successors-in-interest.
(h) “Compliance Plan” means the plan described in this Consent Decree at paragraph 17.
(i) “Covered CPNI Employees” means all employees and agents of BSCI who perform, 
or supervise, oversee, or manage the performance of, duties that relate to BSCI’s 
responsibilities under the CPNI Rules.
(j) “CPNI” means customer proprietary network information.
(k) “CPNI Rules” means Section 222 of the Act, Section 64.2009(e) of the Rules, the 
EPIC CPNI Order, and other provisions of the Act,  the Rules, and Commission 
orders governing a telecommunications carrier’s use of CPNI.
(l) “Effective Date” means the date on which the Commission releases the Adopting 
Order.
(m)“Federal Regulatory Reporting and Contribution Rules” means Sections 9,  225, 
251(e)(2), and 254(d) of the Act,6 Sections 1.1154, 1.1157, 43.61, 52.17, 52.32, 
54.706, 54.711, 64.604, and 64.1195 of the Rules,7 and other provisions of the Act, 
the Rules, and Commission orders governing federal regulatory reporting and 
contribution obligations.
(n) “Investigation” means the investigation initiated by the Bureau in File No. EB-11-IH-
0610 in response to BSCI’s voluntary disclosure regarding possible violations of 
Sections 9, 222, 225, 251(e)(2), and 254(d) of the Act,8 Sections 1.1154, 1.1157, 
43.61, 52.17, 52.32, 54.706, 54.711, 64.604, 64.1195, and 64.2009(e) of the Rules,9
and the Commission’s EPIC CPNI Order.10
(o) “LNP” means Local Number Portability.
(p) “NANP” means the North American Numbering Plan.
(q) “Parties” means Bay Springs Communications, Inc. and the Bureau, and each a 
“Party.”
  
6 47 U.S.C. §§ 159,  225, 251(e)(2), 254(d).
7 47 C.F.R. §§ 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711, 64.604.
8 47 U.S.C. §§ 159, 222, 225, 251(e)(2), 254(d).
9 47 C.F.R. §§ 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711, 64.604, 64.1195, 64.2009(e).
10 EPIC CPNI Order, 22 FCC Rcd 6927.
Federal Communications Commission DA 12-267
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(r) “Rules” means the Commission’s regulations found in Title 47 of the Federal 
Regulations.
(s) “TRS” means Telecommunications Relay Services.
(t) “USF” means the Universal Service Fund.  
II. BACKGROUND
A. Federal Regulatory Reporting and Contribution Obligations
3. Pursuant to Section 254(d) of the Act and Sections 54.706 and 54.711 of the Rules, 
telecommunications service providers that provide interstate telecommunications services are required to 
file annual and quarterly Telecommunications Reporting Worksheets (FCC Form 499-A and FCC Form 
499-Q) and contribute to the federal USF.11 Pursuant to Section 64.1195 of Rules, interstate 
telecommunications carriers are required to file registration information on FCC Form 499-A.12
4. Pursuant to Section 225(b)(1) of the Act and Section 64.604 of the Rules, providers of 
interstate telecommunications services are required to contribute to the TRS Fund.13
5. Pursuant to Section 251(e) of the Act and Sections 52.17 and 52.32 of the Rules, 
telecommunications service providers are required to contribute to the costs of establishing numbering 
administration and local number portability.14  
6. Pursuant to Section 9(a)(1) of the Act and Sections 1.1154 and 1.1157 of the Rules, 
interstate telecommunications carriers are required to pay regulatory fees.15
7. Pursuant to Section 43.61 of the Rules, common carriers engaged in providing 
international telecommunications service between the area comprising the continental United States, 
Alaska, Hawaii, and offshore U.S. points and any country or point outside that area are required to file 
reports of international telecommunications traffic.16  
B. CPNI Obligations
8. Section 222 of the Act imposes the general duty on all telecommunications carriers to 
protect the confidentiality of their subscribers’ proprietary information.17 The Commission has issued 
  
11 See 47 U.S.C. § 254(d); 47 C.F.R. §§ 54.706, 54.711.
12 See 47 C.F.R. § 64.1195.
13 See 47 U.S.C. § 225(b)(1); 47 C.F.R. § 64.604.
14 See 47 U.S.C. § 251(e); 47 C.F.R. §§ 52.17, 52.32.
15 47 U.S.C. § 159(a)(1); 47 C.F.R. §§ 1.1154, 1.1157.
16 47 C.F.R. § 43.61.
17 Section 222 of the Act, 47 U.S.C § 222, provides that:  “Every telecommunications carrier has a duty to protect 
the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment 
manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided 
by a telecommunications carrier.”  Prior to the 1996 Act, the Commission had established CPNI requirements 
applicable to the enhanced services operations of AT&T, the Bell Operating Companies (BOCs), and GTE, and the 
customer premises equipment (CPE) operations of AT&T and the BOCs, in the Computer II, Computer III, GTE 
Open Network Architecture (ONA), and BOC CPE Relief proceedings.  See Implementation of the 
Telecommunications Act of 1996: Telecommunications Carriers’ Use of Customer Proprietary Network Information 
Federal Communications Commission DA 12-267
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rules implementing Section 222 of the Act.18 The Commission requires carriers to establish and maintain 
a system designed to ensure that carriers adequately protect their subscribers’ CPNI.  Section 64.2009(e) 
of the Rules is one such requirement.  
9. In 2006, some companies, known as “data brokers,” advertised the availability of records 
of wireless subscribers’ incoming and outgoing telephone calls for a fee.19 Data brokers also advertised 
the availability of certain landline toll calls.20  On April 2, 2007, the Commission strengthened its privacy 
rules with the release of the EPIC CPNI Order, which adopted additional safeguards to protect CPNI 
against unauthorized access and disclosure.21 The EPIC CPNI Order was directly responsive to the 
actions of databrokers, or pretexters, to obtain unauthorized access to CPNI.22  The EPIC CPNI Order
requires that all companies subject to the CPNI rules file annually, on or before March 1, a certification 
with the Commission pursuant to amended rule 47 C.F.R. § 64.2009(e).23 Additionally, companies must 
now provide with their certification “an explanation of any actions taken against data brokers and a 
summary of all customer complaints received in the past year concerning the unauthorized release of 
CPNI.”24
C. Investigation
10. BSCI is a small competitive local exchange carrier based in Mississippi that offers 
interstate and international telecommunications services.  BSCI began operations in November 2006 and 
is subject to the requirements discussed in paragraphs 3 through 9 above. 
    
and Other Customer Information and Implementation of Non-Accounting Safeguards of Sections 271 and 272 of the 
Communications Act of 1934, as amended, Second Report and Order and Further Notice of Proposed Rulemaking, 
13 FCC Rcd 8061, 8068-70 (1998) (CPNI Order) (describing the Commission’s privacy protections for confidential 
customer information in place prior to the 1996 Act).
18 See CPNI Order.  See also Implementation of the Telecommunications Act of 1996: Telecommunications Carriers' 
Use of Customer Proprietary Network Information and Other Customer Information and Implementation of the 
Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as amended, Order on 
Reconsideration and Petitions for Forbearance, 14 FCC Rcd 14409 (1999); Implementation of the 
Telecommunications Act of 1996: Telecommunications Carriers’ Use of Customer Proprietary Network Information 
and Other Customer Information and Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of 
the Communications Act of 1934, as amended; 2000 Biennial Regulatory Review—Review of Policies and Rules 
Concerning Unauthorized Changes of Consumers’ Long Distance Carriers, Third Report and Order and Third 
Further Notice of Proposed Rulemaking, 17 FCC Rcd 14860 (2002); EPIC CPNI Order.
19 See, e.g., http://www.epic.org/privacy/iei/.
20 See id.
21 See EPIC CPNI Order, 22 FCC Rcd 6927.  Specifically, pursuant to Section 64.2009(e):  A telecommunications 
carrier must have an officer, as an agent of the carrier, sign and file with the Commission a compliance certificate on 
an annual basis.  The officer must state in the certification that he or she has personal knowledge that the company 
has established operating procedures that are adequate to ensure compliance with the rules in this subpart.  The 
carrier must provide a statement accompanying the certification explaining how its operating procedures ensure that 
it is or is not in compliance with the rules in this subpart.  In addition, the carrier must include an explanation of any 
actions taken against data brokers and a summary of all customer complaints received in the past year concerning 
the unauthorized release of CPNI.  This filing must be made annually with the Enforcement Bureau on or before 
March 1 in EB Docket No. 06-36, for data pertaining to the previous calendar year.  See 47 C.F.R. § 64.2009(e).
22 See EPIC CPNI Order, 22 FCC Rcd at 6928.
23 See id. at 6953; 47 C.F.R. § 64.2009(e).
24 EPIC CPNI Order, 22 FCC Rcd at 6953.
Federal Communications Commission DA 12-267
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11. In March 2011, BSCI voluntarily disclosed to the Bureau potential violations of the Act 
and the Rules involving federal regulatory reporting, contribution, and CPNI obligations. 
12. As of the Effective Date, BSCI has paid all invoiced amounts to the USF, TRS Fund, cost 
recovery mechanisms for NANP and LNP administration, and regulatory fees, as well as complied with 
the regulatory reporting and CPNI obligations discussed above.  BSCI provided financial information 
documenting its inability to pay a large forfeiture.25  
III. TERMS OF AGREEMENT
13. Adopting Order.  The Parties agree that the provisions of this Consent Decree shall be 
subject to final approval by the Bureau by incorporation of such provisions by reference in the Adopting 
Order.
14. Jurisdiction. BSCI 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.
15. Effective Date; Violations.  The Parties agree that this Consent Decree shall become 
effective on the Effective Date.  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 Commission order.
16. 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.  In consideration for the termination of said Investigation, BSCI 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, 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 BSCI concerning the matters that were the 
subjects of the Investigation.  The Bureau also agrees that it will not use the facts developed in this 
Investigation through the Effective Date, 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 BSCI with 
respect to BSCI’s basic qualifications, including its character qualifications, to be a Commission licensee 
or hold Commission authorizations.
17. Compliance Plan. For purposes of settling the matters set forth herein, BSCI agrees to 
implement a Compliance Plan related to future compliance with the Communications Laws.  The 
Compliance Plan must include, at a minimum, the following components:  
(a) Compliance Officer. Within thirty (30) calendar days of the Effective Date, BSCI 
will designate a Compliance Officer who will administer the Compliance Plan, 
supervise BSCI’s compliance with the Communications Laws, and serve as the point 
of contact on behalf of BSCI for all FCC-related compliance matters.
(b) Compliance Manual. Within sixty (60) calendar days of the Effective Date, the 
Compliance Officer will develop and distribute a Compliance Manual to employees 
and others who perform duties at BSCI that trigger or may trigger compliance-related 
responsibilities.  The Compliance Manual will include, at a minimum, an overview of 
the Federal Regulatory Reporting and Contribution Rules, including (i) the payment of 
  
25 See 47 U.S.C. § 503(b)(2)(E); 47 C.F.R. § 1.80(b)(6).
Federal Communications Commission DA 12-267
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annual regulatory fees; (ii) contributions to the USF and TRS Fund; (iii) contributions 
to cost-recovery mechanisms for NANP and LNP administration; (iv) the submission 
of information as set forth on the Telecommunications Reporting Worksheets; and (v) 
the submission of international telecommunications traffic reports.  The Compliance 
Manual will also set forth a schedule of filing and payment dates associated with these 
regulatory reporting and contribution obligations.  BSCI will create compliance 
notifications that alert BSCI personnel to upcoming filing and payment dates.  The 
Compliance Manual will require personnel to contact BSCI’s Compliance Officer, and 
if appropriate, regulatory legal counsel, with any questions or concerns that arise with 
respect to BSCI’s federal regulatory reporting and contribution obligations.
(c) Compliance Training Program. Within ninety (90) calendar days after the Effective 
Date, and annually thereafter, BSCI shall implement and conduct a training program 
on compliance with the Federal Regulatory Reporting and Contribution Rules for all 
employees who perform duties at BSCI that trigger or may trigger compliance-related 
responsibilities.  BSCI shall ensure that training and compliance materials are provided 
to new and reassigned employees who are responsible for fulfilling those obligations 
within the first thirty (30) calendar days of employment or reassignment.
(d) Review and Monitoring. BSCI will review the Compliance Manual and Compliance 
Training Program at least annually to ensure that they are complete and otherwise 
properly maintained and continue to address BSCI’s compliance with the Federal 
Regulatory Reporting and Contribution Rules, and will update the Compliance Manual 
and Compliance Training Program in the event of changes and/or additions to the 
relevant sections of the Communications Laws. 
(e) CPNI Compliance Measures, Training, and Disciplinary Process. BSCI agrees to 
take all measures necessary to achieve full compliance with the CPNI Rules.  BSCI 
agrees that within thirty (30) calendar days after the Effective Date, Covered CPNI 
Employees shall be trained as to when they are and are not authorized to use CPNI.  As 
part of the CPNI training, Covered CPNI Employees shall be advised of BSCI’s 
obligation to report any non-compliance with the CPNI Rules under paragraph 17(f) of 
this Consent Decree and shall be instructed on how to disclose non-compliance to the 
Compliance Officer.  BSCI further agrees to have an express disciplinary process in 
place for the unauthorized use of CPNI within thirty (30) calendar days after the 
Effective Date.  Additionally, BSCI agrees to submit for each of three (3) years 
following the Effective Date of this Consent Decree a copy of its annual Section 
64.2009(e) compliance certificate, which it is required to file annually in EB Docket 
06-36, to the Chief, Telecommunications Consumers Division, Enforcement Bureau, 
Federal Communications Commission, 445 12th Street, S.W., Room 4-C244, 
Washington, D.C. 20554.  BSCI must also send an electronic copy of its certification 
to other Telecommunications Consumers Division staff as directed by the 
Telecommunications Consumers Division Chief.  
(f) Reporting Non-Compliance. BSCI will report any non-compliance with this Consent 
Decree, the Federal Regulatory Reporting and Contribution Rules, the CPNI Rules, or 
related Commission orders to the Bureau within fifteen (15) days after the discovery of 
non-compliance.
(g) Compliance Reports. BSCI will file compliance reports with the Commission ninety 
(90) days after the Effective Date, twelve (12) months after the Effective Date, twenty-
four (24) months after the Effective Date, and upon expiration of this Consent Decree, 
Federal Communications Commission DA 12-267
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three (3) years after the Effective Date.  Each compliance report shall include a 
compliance certificate from the Compliance Officer, as an agent of BSCI, stating that 
the Compliance Officer has personal knowledge that BSCI:  (i) has established 
operating procedures intended to ensure compliance with the terms and conditions of 
this Consent Decree, the Federal Regulatory Reporting and Contribution Rules, and the 
CPNI Rules, together with an accompanying statement explaining the basis for the 
Compliance Officer’s certification; (ii) has been utilizing those procedures since the 
previous Compliance Report was submitted; and (iii) is not aware of any instances of 
non-compliance.  The certification must comply with Section 1.16 of the Rules26 and 
be subscribed to as true under penalty of perjury in substantially the form set forth 
therein.  If the Compliance Officer cannot provide the requisite certification, the 
Compliance Officer, as an agent of and on behalf of BSCI, shall provide the 
Commission with a detailed explanation of:  (i) any instances of non-compliance with 
this Consent Decree and the Rules, and (ii) the steps that BSCI has taken or will take to 
remedy each instance of non-compliance and ensure future compliance, and the 
schedule on which proposed remedial actions will be taken.  All compliance reports 
shall be submitted to the Chief, Investigations and Hearings Division, Enforcement 
Bureau, Federal Communications Commission, Room 4-C330, 445 12th Street, S.W., 
Washington, D.C. 20554, with a copy submitted electronically to Terry Cavanaugh at 
Terry.Cavanaugh@fcc.gov, Pamela S. Kane at Pamela.Kane@fcc.gov, and Edward 
Smith at Edward.Smith@fcc.gov.  
(h) Termination Date. The requirements of this Compliance Plan shall expire thirty-six 
(36) months after the Effective Date, except that the requirements of paragraph 17(e) 
shall expire thirty-six (36) months after the Effective Date or upon the termination of 
the certification requirement set forth in Section 64.2009(e) of the Rules, whichever is 
earlier.
18. 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 Act27 against BSCI 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 BSCI with the Communications 
Laws.
19. Voluntary Contribution.  BSCI agrees that it will make a voluntary contribution to the 
United States Treasury in the amount of sixteen thousand dollars ($16,000).  The contribution will 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 referenced in the caption to the 
Adopting Order.  Payment by check or money order may be mailed to the 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.  For payments by credit card, an FCC Form 
159 (Remittance Advice) must be submitted.  When completing the FCC Form 159, enter the Account 
Number in block number 23A (call sign/other ID), and enter the letters “FORF” in block number 24A 
  
26 See id. § 1.16.
27 See 47 U.S.C. § 208.
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(payment type code).  BSCI will also send electronic notification to Terry Cavanaugh at 
Terry.Cavanaugh@fcc.gov, Pamela S. Kane at Pamela.Kane@fcc.gov, and Edward Smith at 
Edward.Smith@fcc.gov on the date said payment is made. 
20. Waivers.  BSCI 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.  BSCI 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 BSCI nor the Commission shall contest the validity of the Consent Decree or the 
Adopting Order, and BSCI shall waive any statutory right to a trial de novo.  BSCI hereby agrees to waive 
any claims it may otherwise have under the Equal Access to Justice Act,28 relating to the matters 
addressed in this Consent Decree.
21. Invalidity. In the event that this Consent Decree in its entirety is rendered invalid by any 
court of competent jurisdiction, it shall become null and void and may not be used in any manner in any 
legal proceeding.
22. Subsequent Rule or Order. The Parties agree that if any provision of the Consent 
Decree conflicts with any subsequent rule or order adopted by the Commission (except an order 
specifically intended to revise the terms of this Consent Decree to which BSCI does not expressly 
consent) that provision will be superseded by such Commission rule or order.
23. Successors and Assigns. BSCI agrees that the provisions of this Consent Decree shall 
be binding on its successors, assigns, and transferees.  
24. Final Settlement. 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 Communications Laws.  
25. Modifications. This Consent Decree cannot be modified without the advance written 
consent of both Parties.
26. Paragraph Headings. 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.
27. Authorized Representative.  Each Party represents and warrants to the other that it has 
full power and authority to enter into this Consent Decree.
  
28 See 5 U.S.C. § 504; 47 C.F.R. Part 1, Subpart K.
Federal Communications Commission DA 12-267
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28. Counterparts. 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.
________________________________
Theresa Z. Cavanaugh
Acting Chief
Investigations and Hearings Division
Enforcement Bureau 
________________________________
Date
________________________________
James Garner
Vice President of Operations
Bay Springs Communications, Inc.
________________________________
Date