decaturtxcowboy <nope_none_@nowayspam.com> hath wroth:
>Seriously, the decision this week by the FCC involving North Carolina ISP
>Madison River Communication, and their blocking of VOIP services to their
>users, lead to a nolo contendre plea by Madison River, along with a $15,000
>file. Nolo contendre, which essentially means no contest, is considered
>to be a plea of neither guilty or not guilty, and in one of Aunty’s
>favourite definitions, is defined as meaning I didn’t do it, and I’ll
>never do it again.
Wrong. There were no charges, only an investigation fishing for
suitable charges. Madison River Comm agreed to a consent decree
without offering any plea. There were no rule violations cited,
violations, or notice of apparent liability presented by the FCC.
There wasn't even a complaint. It was strictly an investigation which
was subsequently terminated by the consent decree and a payoff.
Basically, Madison River Comm paid the FCC $15K to get off their back.
The Consent Decree:
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-543A2.pdf>
4. To avoid the expenditure of additional resources that
would be required to further litigate the issues raised in the
Investigation, and in consideration for the termination of the
Investigation in accordance with the terms of this Consent
Decree, Madison River agrees to make a voluntary payment to the
United States Treasury, without further protest or recourse to a
trial de novo, in the amount of fifteen thousand dollars
($15,000.00)
The FCC order terminating the investigation:
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-543A1.pdf>
Subsequent posturing by Chairman Powell:
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257175A1.pdf>
Since it was NOT an enforcement action, it is not listed on the FCC
Enforcement Burro actions:
<http://www.fcc.gov/eb/News_Releases/>
Note that this was almost 2 years ago.
--
Jeff Liebermann
jeffl@comix.santa-cruz.ca.us
150 Felker St #D
http://www.LearnByDestroying.com
Santa Cruz CA 95060
http://802.11junk.com
Skype: JeffLiebermann AE6KS 831-336-2558