FCC fines for unauthorized carrier changes and consumer billing
The FCC has a poor record of actually collecting money from Notices of Apparent Liability (i.e. fines). There are flaws in the FCC notification rules, but it does have some rules requiring indpendent verification of carrier changes. FCC Fines Tele Circuit $4,145,000 for Cramming & Slamming Violations https://www.fcc.gov/document/fcc-fines-tele-circuit-4145000-cramming-slammin... FCC fines Tele Circuit Network Corporation $4,145,000 for switching consumers from their preferred carrier to Tele Circuit without permission and adding unauthorized charges to consumers' bill In this Order, the Federal Communications Commission (FCC or Commission) adopts the findings in the Notice of Apparent Liability (Tele Circuit Notice or Notice) that Tele Circuit Network Corporation (Tele Circuit or Company) engaged in slamming and cramming, made misrepresentations to consumers, and violated a Commission order by failing to produce certain information and documents relating to the Company’s business practices. The Company’s misconduct harmed elderly and infirm consumers, in some cases leaving them without telephone service for extended periods of time—with Tele Circuit refusing to reinstate service until the crammed charges were paid in full. These practices violated sections 201(b) and 258 of the Communications Act of 1934, as amended (the Act), and section 64.1120 of the Commission’s rules. After reviewing Tele Circuit’s response to the Notice, we decline to find that the Company violated section 1.17(a)(2) of the Commission’s rules and reduce the proposed penalty by $1,178,322, and therefore impose a forfeiture of $4,145,000. [...] In particular, Tele Circuit did not provide proof that the complainants listed in the LOI authorized Tele Circuit to switch their long distance carrier. In response to the LOI, Tele Circuit did produce some third-party verification recordings,31 which are supposed to provide evidence that customers assented to changing their long distance service from their existing carriers to Tele Circuit. However, some complainants who listened to the recordings alleged that the third-party verifications were falsified. In all, the Bureau reviewed more than 100 written consumer complaints, contacted numerous complainants, obtained substantial documentary evidence (including copies of consumer telephone bills), listened to third-partyverification recordings, and received data from consumers’ carriers. [...] Tele Circuit switched the telephone service of 24 consumers without verified authorization to do so, in violation of section 258 of the Act and section 64.1120 of the Commission’s rules. [...]
Did the FCC ever collect its $50 million from "Sandwich Isles Telecommunications" for blatant fraud? At this scale I wonder how or why certain people are not in federal prison. https://www.google.com/search?channel=fs&q=fcc+sandwich+isles https://docs.fcc.gov/public/attachments/FCC-20-131A1_Rcd.pdf V. ORDERING CLAUSES69. Accordingly,IT IS ORDEREDthat Sandwich Isles Communications, Inc., Waimana Enterprises, Inc., and Albert S.N. Hee, pursuant to section 220(d) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules,293ARE JOINTLY AND SEVERALLY LIABLE FOR A MONETARY FORFEITUREin the amount of forty-nine million, five hundred and ninety-eight thousand, and four hundred and forty-eight dollars ($49,598,448) for violating the Act and the Commission’s rules.70. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Commission’s rules within thirty (30) calendar days after the release of this Forfeiture Order.29 On Fri, Apr 23, 2021 at 8:44 AM Sean Donelan <sean@donelan.com> wrote:
The FCC has a poor record of actually collecting money from Notices of Apparent Liability (i.e. fines). There are flaws in the FCC notification rules, but it does have some rules requiring indpendent verification of carrier changes.
FCC Fines Tele Circuit $4,145,000 for Cramming & Slamming Violations
https://www.fcc.gov/document/fcc-fines-tele-circuit-4145000-cramming-slammin...
FCC fines Tele Circuit Network Corporation $4,145,000 for switching consumers from their preferred carrier to Tele Circuit without permission and adding unauthorized charges to consumers' bill
In this Order, the Federal Communications Commission (FCC or Commission) adopts the findings in the Notice of Apparent Liability (Tele Circuit Notice or Notice) that Tele Circuit Network Corporation (Tele Circuit or Company) engaged in slamming and cramming, made misrepresentations to consumers, and violated a Commission order by failing to produce certain information and documents relating to the Company’s business practices. The Company’s misconduct harmed elderly and infirm consumers, in some cases leaving them without telephone service for extended periods of time—with Tele Circuit refusing to reinstate service until the crammed charges were paid in full. These practices violated sections 201(b) and 258 of the Communications Act of 1934, as amended (the Act), and section 64.1120 of the Commission’s rules. After reviewing Tele Circuit’s response to the Notice, we decline to find that the Company violated section 1.17(a)(2) of the Commission’s rules and reduce the proposed penalty by $1,178,322, and therefore impose a forfeiture of $4,145,000.
[...] In particular, Tele Circuit did not provide proof that the complainants listed in the LOI authorized Tele Circuit to switch their long distance carrier. In response to the LOI, Tele Circuit did produce some third-party verification recordings,31 which are supposed to provide evidence that customers assented to changing their long distance service from their existing carriers to Tele Circuit. However, some complainants who listened to the recordings alleged that the third-party verifications were falsified. In all, the Bureau reviewed more than 100 written consumer complaints, contacted numerous complainants, obtained substantial documentary evidence (including copies of consumer telephone bills), listened to third-partyverification recordings, and received data from consumers’ carriers.
[...] Tele Circuit switched the telephone service of 24 consumers without verified authorization to do so, in violation of section 258 of the Act and section 64.1120 of the Commission’s rules.
[...]
On Fri, 23 Apr 2021, Eric Kuhnke wrote:
Did the FCC ever collect its $50 million from "Sandwich Isles Telecommunications" for blatant fraud? At this scale I wonder how or why certain people are not in federal prison.
FCC is not law enforcement. The FTC can send people to prison. The FCC can only send press releases. -Dan
On Fri, 23 Apr 2021, Dan Hollis wrote:
On Fri, 23 Apr 2021, Eric Kuhnke wrote:
Did the FCC ever collect its $50 million from "Sandwich Isles Telecommunications" for blatant fraud? At this scale I wonder how or why certain people are not in federal prison.
FCC is not law enforcement. The FTC can send people to prison. The FCC can only send press releases.
Neither FCC nor FTC can send people to prison. Only the Department of Justice can criminally prosecute people (or corporations, i.e. WORLDCOM, ENRON, etc) in the U.S. Federal system. States and other countries vary. FCC can deny future licenses and make things difficult for long-term carriers. Most scammers declare bankruptcy or just never pay. https://www.politico.com/story/2015/11/fcc-fine-enforcement-scrutiny-216121 FCC proposes millions in fines, collects $0 November 23, 2015
On Apr 23, 2021, at 12:47 PM, Sean Donelan <sean@donelan.com> wrote:
On Fri, 23 Apr 2021, Dan Hollis wrote:
On Fri, 23 Apr 2021, Eric Kuhnke wrote:
Did the FCC ever collect its $50 million from "Sandwich Isles Telecommunications" for blatant fraud? At this scale I wonder how or why certain people are not in federal prison.
FCC is not law enforcement. The FTC can send people to prison. The FCC can only send press releases.
Neither FCC nor FTC can send people to prison. Only the Department of Justice can criminally prosecute people (or corporations, i.e. WORLDCOM, ENRON, etc) in the U.S. Federal system. States and other countries vary.
FCC can deny future licenses and make things difficult for long-term carriers. Most scammers declare bankruptcy or just never pay.
https://www.politico.com/story/2015/11/fcc-fine-enforcement-scrutiny-216121 FCC proposes millions in fines, collects $0 November 23, 2015
It just got harder for the FTC to fine people: https://www.morningbrew.com/daily/stories/2021/04/22/supreme-court-limits-ft... -- TTFN, patrick
It just got harder for the FTC to fine people
Based on the unanimous US Supreme Court decision, they never could in the first place, at least in the particular manner that was challenged. It'll be up to Congress to explicitly define how big the FTC's teeth are, not the unelected leadership of a regulatory body to decide for themselves. Working as Intended (despite the undesirable end result). -Matt On Fri, Apr 23, 2021 at 11:00 AM Patrick W. Gilmore <patrick@ianai.net> wrote:
On Apr 23, 2021, at 12:47 PM, Sean Donelan <sean@donelan.com> wrote:
On Fri, 23 Apr 2021, Dan Hollis wrote:
On Fri, 23 Apr 2021, Eric Kuhnke wrote:
Did the FCC ever collect its $50 million from "Sandwich Isles Telecommunications" for blatant fraud? At this scale I wonder how or why certain people are not in federal prison.
FCC is not law enforcement. The FTC can send people to prison. The FCC can only send press releases.
Neither FCC nor FTC can send people to prison. Only the Department of Justice can criminally prosecute people (or corporations, i.e. WORLDCOM, ENRON, etc) in the U.S. Federal system. States and other countries vary.
FCC can deny future licenses and make things difficult for long-term carriers. Most scammers declare bankruptcy or just never pay.
https://www.politico.com/story/2015/11/fcc-fine-enforcement-scrutiny-216121
FCC proposes millions in fines, collects $0 November 23, 2015
It just got harder for the FTC to fine people: https://www.morningbrew.com/daily/stories/2021/04/22/supreme-court-limits-ft...
-- TTFN, patrick
-- Matt Erculiani ERCUL-ARIN
FCC “fined” robocallers $208 million since 2015 but collected only $6,790 Both FCC and FTC fail to collect vast majority of robocall fines, WSJ reports. March 28, 2019 https://www.wsj.com/articles/the-fcc-has-fined-robocallers-208-million-its-c... If your carrier doesn't indpendently verify LOAs, the security of your circuits is zip. Ask your carrier salesperson how they validate LOAs. If they just check a letterhead, tell your carrier salesperson to do better. When it affects the salesperson's commission, things happen. Don't depend on the FCC.
On 4/23/2021 5:51 AM, Eric Kuhnke wrote:
Did the FCC ever collect its $50 million from "Sandwich Isles Telecommunications" for blatant fraud? At this scale I wonder how or why certain people are not in federal prison.
------------------------------------------------------------------------ Folks did go to prison: https://www.hawaiinewsnow.com/story/30903886/hawaii-telecom-executive-senten... "Telecommunications executive Albert Hee was sentenced to 46 months in federal prison on Wednesday for tax charges." "Hee is the younger brother of former state Sen. Clayton Hee and the founder of Sandwich Isles Communications." https://www.bizjournals.com/pacific/news/2020/12/01/hawaiian-telcom-to-acqui... "Hee, brother of former state Sen. Clayton Hee <https://www.bizjournals.com/pacific/search/results?q=Clayton Hee>, was convicted of federal tax fraud <https://www.bizjournals.com/pacific/news/2014/12/18/alberthee-indicted-for-allegedly-taking-4m-from.html> in 2015 and was sentenced to 46 months in federal prison and was released on Sept. 19, 2019, according to the Bureau of Prisons website." good details here: http://www.hawaiifreepress.com/Articles-Main/ID/26464/FCC-Fines-Al-Hee-49M-f... He cheated folks that don't have much in the first place, so he could have millions he didn't deserve. Ugly person. We (Hawaiian Telcom) bought the Paniolo Cable Company for their interisland fiber network and have been pushing out good internet to the far-flung locations. We have really, really remote locations here. scott (paniolo means cowboy in Hawaiian)
:: "the Paniolo Cable Company for their interisland fiber network" I see I wasn't clear. The Paniolo Cable Company was part of SIC by ownership https://www.bizjournals.com/pacific/news/2020/12/01/hawaiian-telcom-to-acqui... That bankruptcy hearing, meanwhile, comes on the heels of a real estate fire-sale consummated on May 18 in which a company controlled by disgraced businessman Albert S.N. Hee — which owns one of the three undersea cables the entire state depends on for its data services — effectively sold parts of itself to another company controlled by the same family. The companies in question are Honolulu-based Sandwich Isles Communications and Paniolo Cable. scott
participants (7)
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Dan Hollis
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Eric Kuhnke
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Matt Erculiani
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Patrick W. Gilmore
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Roy
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scott
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Sean Donelan