5. Technical and Managerial Qualifications

Prior to issuing a CPCN under § 1001 or registration under § 1013, the Commission must determine if the applicant has the necessary managerial qualifications and technical competence. In its application and in Response to Data Request #1, STN submitted biographical information on its owner and sole officer that demonstrates that it possesses sufficient experience and knowledge to operate as a telecommunications provider. In addition, STN will partner with WCGS to provide technical assistance and support. STN has worked with WCGS to provide similar services in New York.

The Commission must also take steps to protect consumers from fraud. To aid the Commission in its determination, the applicant must state if anyone associated with the applicant has been found either civilly or criminally liable for any actions which involved misrepresentations to consumers.

In 2009, the FCC issued a Notice of Apparent Liability against STN for apparent violations of the FCC's Consumer Proprietary Network Information (CPNI) Rules (47 U.S.C. §§ 222; 47 C.F.R. § 64.2000 et seq.). The FCC concluded that, in its 2007 CPNI filing, STN omitted 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 as required by 47 C.F.R. § 64.2009(e). (See, In the Matter of Securetel Network Inc. Apparent Liability for Forfeiture (FCC 2009) File No. EB-09-TC-153.) The FCC proposed a forfeiture of $2,000. Rather than challenge the FCC's determination, STN agreed to pay the proposed forfeiture.

STN states that it has been in full compliance with the FCC's CPNI rules since 2007, and that there were no actual actions or complaints that would have been included in the 2007 CPNI filing. (Application at Attachment F; Response to Data Request #2 (March 19, 2012) at 3.)

STN represents that, with the exception of the 2009 FCC settlement, no one associated with or employed by STN as an affiliate, officer, director, partner, or owner of more than 10% of STN was previously associated with any telecommunications carrier that filed for bankruptcy, or was sanctioned by the FCC or any state regulatory agency for failure to comply with any regulatory statute, rule, or order.

In light of the above, we find that STN has met the requirements for managerial qualifications and technical competence.