Federal Communications Commission DA 13-2344
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Start Wireless Group, Inc.
d/b/a Page Plus Cellular
Apparent Liability for Forfeiture
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File No.:  EB-11-IH-0057
NAL/Acct. No.:  201432080006
FRN:  0016871113
NOTICE OF APPARENT LIABILITY FOR FORFEITURE 
Adopted:  December 6, 2013  Released:  December 6, 2013  
By the Chief, Enforcement Bureau:
I. INTRODUCTION 
1. In this Notice of Apparent Liability for Forfeiture (NAL), we find that Start Wireless Group, 
Inc., d/b/a Page Plus Cellular (Page Plus), apparently willfully and repeatedly violated Section 43.61(a) of 
the Commission’s rules (Rules) by failing to file annual reports of its international telecommunications 
traffic data (International Traffic Report).1  Based on our review of the facts and circumstances 
surrounding this matter, and for the reasons discussed below, we find that Page Plus is apparently liable 
for forfeiture penalties totaling forty-three thousand, two hundred dollars ($43,200).
II. BACKGROUND
2. Section 219(a) of the Communications Act of 1934, as amended (Act), authorizes the 
Commission to “require annual reports from all carriers subject to [the] Act . . . .”2 Section 220(a)(1) of 
the Act, in pertinent part, gives the Commission “discretion [to] prescribe the forms of any and all 
accounts [and] records . . . to be kept by carriers subject to [the] Act, including the accounts [and] records 
. . . of the movement of traffic, as well as of the receipts and expenditures of moneys.”3 Section 43.61(a) 
of the Rules requires, in pertinent part, that “[e]ach common carrier engaged in providing international 
telecommunications service between the United States . . . and any country or point outside” the United 
States “shall file a report with the Commission not later than July 31 of each year” including specified 
traffic and revenue data pertaining to the common carrier’s international telecommunications service 
provided in the preceding calendar year.4
  
1 47 C.F.R. § 43.61(a).  
2 47 U.S.C. § 219(a).
3 47 U.S.C. § 220(a)(1).
4 47 C.F.R. § 43.61(a).
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3. Page Plus is an Ohio corporation, incorporated on March 13, 2003.5 As part of its business, 
Page Plus sells prepaid phone cards with minutes purchased from Cellco Partnership d/b/a Verizon 
Wireless.6 Page Plus sells some of these prepaid phone cards directly to end-user customers through its 
www.pagepluscellular.com website.7 These calling cards enable consumers to make domestic and 
international telephone calls.8 Page Plus provided international telecommunications service through its 
calling card business from its incorporation in 2003 until 2011 without obtaining an international Section 
214 authorization, as required by the Act.9
4. On January 19, 2012, after a thorough investigation, the Enforcement Bureau (Bureau) 
issued a Notice of Apparent Liability for Forfeiture finding that, by providing international 
telecommunications service without first obtaining an international Section 214 authorization, Page Plus 
apparently willfully and repeatedly violated Section 214 of the Act, and Section 63.18 of the Rules.10  
Following the issuance of this Notice of Apparent Liability for Forfeiture, Page Plus requested further 
discussions regarding the Bureau’s investigation.  In furtherance of these discussions, the Bureau issued a 
Letter of Inquiry to Page Plus on June 1, 2012, seeking to refresh the record with respect to the apparent 
violations of Section 214 of the Act and Section 63.18 of the Rules and requesting additional information 
concerning Page Plus’ compliance with the Rules.11 Page Plus responded to this LOI on July 2, 2012.12  
Page Plus’ 2012 LOI Response revealed that Page Plus had not filed any International Traffic Reports, as 
required by Section 43.61(a) of the Rules, since it began offering international telecommunications 
service in 2003.13 On November 30, 2012, Page Plus filed its International Traffic Report for the 2011 
reporting year14 and, on December 6, 2012, Page Plus filed its International Traffic Report for the 2009 
and 2010 reporting years.15
  
5 See Letter from Robert E. Levine, Esq., Counsel for Start Wireless Group, Inc., to Kathryn S. Berthot, Chief, 
Spectrum Enforcement Division, FCC Enforcement Bureau (Nov. 23, 2010) (on file in EB-09-SE-184) (2010 LOI 
Response); see also id. at Attachment 3.
6 See id. at 3. 
7 See id.; see also www.pagepluscellular.com (last visited on June 28, 2013).
8 www.pagepluscellular.com (last visited on June 28, 2013).
9 See 2010 LOI Response at 3.
10 See Start Wireless Group, Inc. d/b/a Page Plus Cellular, Notice of Apparent Liability for Forfeiture, 27 FCC Rcd. 
350 (Enf. Bur. 2012)
11 See Letter from Pamela S. Kane, Deputy Chief, Investigations and Hearings Division, FCC Enforcement Bureau, 
to Robert E. Levine, Esq., Counsel for Start Wireless Group, Inc. (June 1, 2012) (on file in EB-11-IH-0057).
12 See Letter from Robert E. Levine, Esq., Counsel for Start Wireless Group, Inc., to Marlene H. Dortch, Secretary, 
Federal Communications Commission (July 2, 2012) (on file in EB-11-IH-0057) (2012 LOI Response).
13 Id.
14 See Letter from David A. Gall, Financial Manager, Start Wireless Group, Inc., to Marlene H. Dortch, Secretary, 
Federal Communications Commission (Nov. 30, 2012) (on file in EB-11-IH-0057) (2011 International Traffic 
Report).
15 See Letters from David A. Gall, Financial Manager, Start Wireless Group, Inc., to Marlene H. Dortch, Secretary, 
Federal Communications Commission (Dec. 6, 2012) (on file in EB-11-IH-0057).  Page Plus filed its report for 2012 
in a timely manner.
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III. DISCUSSION
5. Under Section 503(b)(1) of the Act, any person who is determined by the Commission to 
have willfully or repeatedly failed to comply with any provision of the Act or any rule, regulation, or 
order issued by the Commission shall be liable to the United States for a forfeiture penalty.16 Section 
312(f)(1) of the Act defines willful as “the conscious and deliberate commission or omission of [any] act, 
irrespective of any intent to violate” the law.17 The legislative history to Section 312(f)(1) of the Act 
clarifies that this definition of willful applies to both Sections 312 and 503(b) of the Act,18 and the 
Commission has so interpreted the term in the Section 503(b) context.19 The Commission may also 
assess a forfeiture for violations that are merely repeated, and not willful.20 “Repeated” means that the act 
was committed or omitted more than once, or lasts more than one day.21 To impose such a forfeiture 
penalty, the Commission must issue a notice of apparent liability, and the person against whom the notice 
has been issued must have an opportunity to show, in writing, why no such forfeiture penalty should be 
imposed.22 The Commission will then issue a forfeiture if it finds, based on the evidence, that the person 
has willfully or repeatedly violated the Act or the Rules.23
6. At issue in this case is whether Page Plus violated Section 43.61(a) of the Rules by willfully 
or repeatedly failing to file International Traffic Reports for the 2003 – 2011 reporting years.24
7. We answer this question in the affirmative.  As set forth below, we conclude that Page Plus 
is apparently liable for forfeiture for the willful and repeated violation of Section 43.61(a) of the Rules.25  
Based on the facts and circumstances before us, we therefore conclude that Page Plus is apparently liable 
for forfeiture penalties totaling forty-three thousand, two hundred dollars ($43,200).
A. Page Plus Apparently Failed to File International Traffic Reports for the 2003 –
2011 Reporting Years
8. We find that Page Plus apparently violated Section 43.61(a) of the Rules by failing to file 
International Traffic Reports for the 2003 – 2011 reporting years.26 Section 43.61(a) clearly directs that 
“[e]ach common carrier engaged in providing international telecommunications service between the 
  
16 See 47 U.S.C. § 503(b)(1)(B); 47 C.F.R. § 1.80(a)(2).  
17 47 U.S.C. § 312(f)(1).
18 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
19 See, e.g., Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388, para. 
5 (1991) (Southern California Broadcasting).
20 See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 
1362, para. 10 (2001) (Callais Cablevision) (issuing a proposed forfeiture for, inter alia, a cable television 
operator’s repeated violation of the cable signal leakage rules). 
21 Southern California Broadcasting, 6 FCC Rcd at 4388, para. 5; Callais Cablevision, 16 FCC Rcd at 1362, para. 9.
22 47 U.S.C. § 503(b); 47 C.F.R. § 1.80(f).
23 See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7591, para. 4 (2002).
24 47 C.F.R. § 43.61(a).
25 Id.
26 Id. 
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United States . . . and any country or point outside” the United States “shall file a report with the 
Commission not later than July 31 of each year” including specified traffic and revenue data pertaining to 
the common carrier’s international telecommunications service provided in the preceding calendar year. 27
9. In this case, Page Plus began offering international telecommunications service in 2003.  
Section 43.61(a) of the Rules requires that it should have begun filing International Telecommunications 
Reports no later than July 31, 2004, and that it should have continued filing such reports for every year in 
which it provided international telecommunications service.28 Page Plus did not begin filing International 
Traffic Reports until November 30, 2012,29 after being instructed to do so by the Bureau, and failed to 
timely file its annual International Traffic Report on nine distinct occasions — by July 31st of each year 
from 2004 through 2012, for service provided from 2003 through 2011.30
10. We therefore conclude that Page Plus apparently willfully and repeatedly violated Section 
43.61(a) of the Rules.
B. Proposed Forfeiture
11. Section 503(b)(1) of the Act provides that any person who willfully or repeatedly fails to 
comply with any provision of the Act or any rule, regulation, or order issued by the Commission shall be 
liable to the United States for a forfeiture penalty.31 Section 503(b)(2)(B) of the Act authorizes the 
Commission to assess a forfeiture against a telecommunications carrier of up to $150,000 for each 
violation or each day of a continuing violation, up to a statutory maximum of $1,500,000 for a single act 
or failure to act.32 In determining the appropriate forfeiture amount, we consider the factors enumerated 
in Section 503(b)(2)(E) of the Act, including “the nature, circumstances, extent, and gravity of the 
  
27 Id.
28 Id.
29 See 2011 International Traffic Report.
30 Although Page Plus filed its 2011 International Traffic Report after the due date, that violation is arguably beyond 
the statute of limitations and accordingly is not included in our forfeiture calculation.  Accordingly, we propose a 
forfeiture based on eight filing violations.  
31 See 47 U.S.C. § 503(b)(1)(B); 47 C.F.R. § 1.80(a)(2).
32 See 47 U.S.C. § 503(b)(2)(B); see also 47 C.F.R. § 1.80(b)(2) (2011).  These amounts reflect inflation adjustments 
to the forfeitures specified in Section 503(b)(2)(B).  The Federal Civil Penalties Inflation Adjustment Act of 1990, 
Pub. L. No. 101-410, 104 Stat. 890, as amended by the Debt Collection Improvement Act of 1996, Pub. L. No. 104-
134, Sec. 31001, 110 Stat. 1321 (DCIA), requires the Commission to adjust its forfeiture penalties periodically for 
inflation.  See 28 U.S.C. § 2461 note (4).  The Commission most recently adjusted its penalties to account for 
inflation in 2013.  See Amendment of Section 1.80(b) of the Commission’s Rules, Adjustment of Civil Monetary 
Penalties to Reflect Inflation, Order, 28 FCC Rcd 10785 (Enf. Bur. 2013); see also Inflation Adjustment of 
Monetary Penalties, 78 Fed. Reg. 49,370–01 (Aug. 14, 2013) (setting Sept. 13, 2013, as the effective date for the 
increases).  Because the DCIA specifies that any inflationary adjustment “shall apply only to violations that occur 
after the date the increase takes effect,” however, we apply the forfeiture penalties in effect at the time the apparent 
violations took place.  28 U.S.C. § 2461 note (6).  Here, because the apparent violations at issue occurred prior to 
September 13, 2013, the applicable maximum penalties are based on the Commission’s previous inflation 
adjustment that became effective on September 2, 2008. See Inflation Adjustment of Maximum Forfeiture 
Penalties, 73 Fed. Reg. 44,663, 44,664 (July 31, 2008).
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violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability 
to pay, and such other matters as justice may require,”33 as well as our forfeiture guidelines.34
12. The Commission’s Forfeiture Policy Statement and Section 1.80(b) of the Rules establish a 
base forfeiture amount of $3,000 for failure to file a required form.35 As explained above, we find that 
Page Plus violated a clear requirement of the Commission’s Rules by failing to timely file its annual 
International Traffic Report on eight distinct occasions.  In light of the Commission’s clear 
requirements,36 a proposed base forfeiture of twenty-four thousand dollars ($24,000) is warranted for 
Page Plus’ eight apparent willful, repeated, and continuing failures to timely file its annual International 
Traffic Report.  Moreover, given the duration of the violations here, we will upwardly adjust the 
forfeiture amount by nineteen thousand two hundred dollars ($19,200) and therefore propose a total 
forfeiture of forty-three thousand, two hundred dollars ($43,200).37
V.  ORDERING CLAUSES
13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,38 and 
Section 1.80 of the Rules,39 Start Wireless Group, Inc., d/b/a Page Plus Cellular is hereby NOTIFIED OF 
ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of forty-three thousand, two 
hundred dollars ($43,200) for willfully and repeatedly violating Section 43.61(a) of the Rules.
 
14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) 
calendar days of the release date of this Notice of Apparent Liability for Forfeiture, Start Wireless Group, 
Inc., d/b/a Page Plus Cellular SHALL PAY the full amount of the proposed forfeitures or SHALL FILE
a written statement seeking reduction or cancellation of the proposed forfeiture.
15. Payment of the forfeiture must be made by check or similar instrument, wire transfer, or 
credit card, and must include the NAL/Account Number and FRN referenced above.  Start Wireless 
Group, Inc., d/b/a Page Plus Cellular shall send electronic notification of payment to Theresa Z. 
Cavanaugh at Terry.Cavanaugh@fcc.gov, to Pamela S. Kane at Pamela.Kane@fcc.gov, and to Edward H. 
Smith II at Edward.Smith@fcc.gov on the date said payment is made.  Regardless of the form of 
  
33 47 U.S.C. § 503(b)(2)(E).
34 See 47 C.F.R. § 1.80(b)(8); Note to Paragraph (b)(8): Guidelines for Assessing Forfeitures.  
35 See Commission’s Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules to Incorporate the 
Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recon. denied, 
15 FCC Rcd 303 (1999); 47 C.F.R. § 1.80.
36 47 C.F.R. § 43.61(a).
37 “The relative duration of a violation is a critical factor; for example, we generally would propose a substantially 
higher forfeiture for a violation lasting nearly a decade than for a violation lasting for two months. In doing so, we 
avoid creating perverse incentives” and encourage regulatees to comply with the Commission’s rules in a timely 
manner. See Emigrant Storage, Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 8917, 8920, para. 9 n.26
(Enf. Bur. 2012) (citing BASF Corp., Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 17300, 17303, para. 
10 (Enf. Bur. 2010)).
38 47 U.S.C. § 503(b).
39 47 C.F.R. § 1.80.
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payment, a completed FCC Form 159 (Remittance Advice) must be submitted.40 When completing the 
FCC Form 159, enter the Account Number in block number 23A (call sign/other ID) and enter the letters 
“FORF” in block number 24A (payment type code).  Below are additional instructions regarding the form 
of payment:
? Payment by check or money order must be made payable to the order of the Federal 
Communications Commission. Such payments (along with the completed Form 159) must be 
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-
9000, or sent via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-
GL, 1005 Convention Plaza, St. Louis, MO 63101.
? Payment by wire transfer must be made to ABA Number 021030004, receiving bank 
TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure 
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank 
at (314) 418-4232 on the same business day the wire transfer is initiated.
? Payment by credit card must be made by providing the required credit card information on 
FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment.   
The completed Form 159 must then be mailed to Federal Communications Commission, P.O. 
Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank –
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 
63101.
16. Any request for full payment over time under an installment plan should be sent to: Chief 
Financial Officer—Financial Operations, Federal Communications Commission, 445 12th Street, S.W., 
Room 1-A625, Washington, D.C. 20554.41 Questions regarding payment procedures should be addressed 
to the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail, 
ARINQUIRIES@fcc.gov.  
17. The written statement seeking reduction or cancellation of the proposed forfeitures, if any, 
must include a detailed factual statement supported by appropriate documentation and affidavits pursuant 
to Sections 1.80(f)(3) and 1.16 of the Rules.42 The written statement must be mailed to Theresa Z. 
Cavanaugh, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications 
Commission, 445 12th Street, S.W., Room 4-C330, Washington, D.C. 20554 and must include the 
NAL/Account Number referenced above.  The written statement should also be e-mailed to Theresa Z. 
Cavanaugh at Terry.Cavanaugh@fcc.gov, Pamela S. Kane at Pamela.Kane@fcc.gov, and Edward H. 
Smith II at Edward.Smith@fcc.gov.
18. The Commission will not consider reducing or canceling a forfeiture in response to a claim 
of inability to pay unless the petitioner submits:  (1) federal tax returns for the most recent three-year 
period; (2) financial statements prepared according to generally accepted accounting practices (GAAP); 
or (3) some other reliable and objective documentation that accurately reflects the petitioner’s current 
financial status.  Any claim of inability to pay must specifically identify the basis for the claim by 
reference to the financial documentation submitted.
  
40 An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
41 See 47 C.F.R. § 1.1914.
42 See 47 C.F.R. §§ 1.80(f)(3), 1.16.
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19. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for 
Forfeiture shall be sent by certified mail, return receipt requested, to counsel for Start Wireless Group, 
Inc., d/b/a Page Plus Cellular:  Robert E. Levine, Law Offices of Robert E. Levine, 1750 K Street, N.W., 
Suite 350, Washington, D.C. 20006.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau