******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the Word or WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No. EB-99-TC-012 Excel Telecommunications, Inc. ) NAL/Acct. No. X3217- 004 ) ORDER Adopted: April 20, 2000; Released: April 25, 2000 By the Enforcement Bureau: In this Order, we adopt a Consent Decree terminating an informal investigation regarding unauthorized preferred carrier charges (slamming) by Excel Communications, Inc. (Excel). The investigation was based on a large number of consumer complaints filed with the Commission. The Bureau and Excel have negotiated the terms of a Consent Decree that would resolve this matter. A copy of the Consent Decree is attached and is incorporated by reference. As detailed in the Consent Decree, Excel has agreed, among other things, to make a voluntary contribution to the U.S. Treasury in the amount of four hundred thousand dollars ($400,000), and to strengthen its slamming compliance and monitoring policies. We have reviewed the terms of the Consent Decree and evaluated the facts before us. In light of Excel's commitment to be bound by various principles regarding its verification mechanisms and procedures for its independent representatives, as well as certain other pro-consumer steps and commitments, we believe that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned case as well as the Commission staff inquiry into the matter described herein ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau