Federal Communications Commission DA 13-2348 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NTS Communications, Inc. Apparent Liability for Forfeiture ) ) ) ) ) ) File No.: EB-09-IH-1219 Acct. No.: 201032080024 FRN: 0004266938 ORDER Adopted: December 16, 2013 Released: December 17, 2013 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and NTS Communications, Inc. (NTS). The Consent Decree resolves and terminates an investigation by the Commission against NTS for apparent violations of Section 254(d) of the Communications Act of 1934, as amended (Act),1 and Section 54.706(a) of the Commission’s rules (Rules),2 regarding required contributions to the Universal Service Fund. 2. A copy of the Consent Decree negotiated by the Bureau and NTS 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 NTS 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 Act,3 and Sections 0.111 and 0.311 of the Rules,4 the Consent Decree attached to this Order IS ADOPTED. 1 47 U.S.C. § 254(d). 2 47 C.F.R. § 54.706(a). 3 47 U.S.C. §§ 154(i), 503(b). 4 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 13-2348 2 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 counsel for the NTS, James H. Lister, Esq., Birch, Horton, Bittner and Cherot, P.C., 1155 Connecticut Ave., NW, Suite 1200, Washington, DC 20036. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau