Wiley Rein Secures Favorable Enforcement Decision for The Vermont Telephone Company

May 11, 2016

Washington, DC—Wiley Rein LLP, on behalf of the Vermont Telephone Company, Inc. (VTel), secured a favorable decision from the Federal Communications Commission’s (FCC) Enforcement Bureau, which terminated a Forfeiture Order against VTel in response to an application for review prepared by the firm. The case represents one of the few instances in which the FCC has terminated a Forfeiture Order.

In December 2014, the Enforcement Bureau issued a Forfeiture Orderagainst VTel, finding that the company had violated Section 1.17 of the FCC rules by allegedly submitting untruthful and inaccurate financial information in connection with its request for bidding credits in a 2009 spectrum auction. In January 2015, VTel filed an Application for Review of the Forfeiture Order, contending that the Enforcement Bureau’s theory that VTel had violated Section 1.17 was unfounded and premised upon a flawed view of the Commission’s rules. 

At the request of the Enforcement Bureau, VTel consented in April 2016 to the Enforcement Bureau treating its Application for Review as a Petition for Reconsideration so that it could be resolved at the Bureau level. On May 9, the Enforcement Bureau released a Memorandum Opinion and Order granting the Petition for Reconsideration and terminating the Forfeiture Order.

The Wiley Rein team representing VTel was led by Telephony & Information Technology Practice chair Bennett L. Ross, partner Scott D. Delacourt and associate Umair Javed.   

Wiley Rein counsels a broad range of clients on communications matters. The firm’s attorneys represent clients in regulatory proceedings before the FCC, Congress, the National Telecommunications and Information Administration, and state regulatory agencies. The Team has substantial experience in defending clients in federal and state enforcement actions involving regulatory requirements that apply to traditional telecommunications services and emerging technologies, including Voice over Internet Protocol (VoIP) and video services delivered via IP networks.