Beylen Telecom, Ltd., Niteline Media, Inc., and Ron Tan; Analysis To Aid Public Comment and Agreement Containing Consent Order

FEDERAL TRADE COMMISSION

[File No. 9723128]

Beylen Telecom, Ltd., Niteline Media, Inc., and Ron Tan; Analysis

To Aid Public Comment and Agreement Containing Consent Order

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

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SUMMARY: The consent agreement in this matter settles alleged

violations of federal law prohibiting unfair or deceptive acts or

practices or unfair methods of competition. The attached Analysis to

Aid Public Comment describes both the allegations in the draft

complaint that accompanies the consent agreement and the terms of the

consent order--embodied in the consent agreement (which is also

attached)--that would settle these allegations.

DATES: Comments must be received on or before January 5, 1998.

ADDRESSES: Comments should be directed to: FTC/Office of the Secretary,

Room 159, 6th St. and Pa. Ave., NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Eileen Harrington, Federal Trade

Commission, H-238, 6th St. and Pennsylvania Ave., NW., Washington, DC

20580. (202) 326-3127. Paul Luehr, Federal Trade Commission, H-238, 6th

St. and Pennsylvania Ave., NW., Washington, DC 20580. (202) 326-2236.

SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal

Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46, and section 2.34 of

the Commission's Rules of Practice (16 CFR 2.34), notice is hereby

given that the above-captioned consent agreement containing a consent

order to cease and desist, having been filed with and accepted, subject

to final approval, by the Commission, has been placed on the public

record for a period of sixty (60) days. The following Analysis to Aid

Public Comment describes the terms of the consent agreement (which is

also attached) and the allegations in the accompanying complaint. An

electronic copy of the full text of the consent agreement package can

be obtained from the Commission Actions section of the FTC Home Page,

on the World Wide Web, at ``http://www.ftc.gov/os/actions97.htm.'' A

paper copy can be obtained from the FTC Public Reference Room, Room H-

130, Sixth Street and Pennsylvania Ave., NW., Washington, DC 20580

either in person or by calling (202) 326-3627.

Public comment is invited. Such comments or views will be

considered by the Commission and will be available for inspection and

copying at its principal office in accordance with section

4.9(b)(6)(ii) of the Commission's Rules of Practice (16 CFR

4.9(b)(6)(ii).

Analysis of Proposed Consent Order To Aid Public Comment

The Federal Trade Commission has accepted, subject to final

approval, an agreement containing a consent order from Beylen Telecom,

Inc. (``Beylen''), NiteLine Media, Inc. (``NiteLine''), and Ron Tan

(``Tan''). NiteLine and Tan have solicited consumers to download viewer

software over the Internet in order to view computer images. Beylen has

provided telecommunications and other services to NiteLine and other

``audiotext'' entities that use telephone calls to provide information

to, and collect money from, consumers.

The proposed consent order has been placed on the public record for

sixty (60) days for reception of comments by interested persons.

Comments received during this period will become part of the public

record. After sixty (60) days, the Commission will again review the

agreement and the comments received and will decide whether it should

withdraw from the agreement or make final the agreement's proposed

order.

This matter concerns allegations about the manner in which

respondents solicited and billed consumers to use a software program to

view adult images on the Internet. The Commission has issued a proposed

draft complaint that sets forth the allegations to be resolved by the

proposed administrative consent order. The draft complaint closely

parallels the Commission's federal court complaint and amended

complaint filed in FTC v. Audiotex Connection, Inc. CV-97 0726 (DRH)

(E.D.N.Y. filed Feb. 13, 1997) against defendants allegedly engaged in

activities similar or related to those of the respondents. The proposed

draft complaint challenges three practices of the respondents. First,

the draft complaint alleges that respondents NiteLine and Tan

misrepresented that consumers could view adult images at no cost if

consumers downloaded and used the respondents' purported ``viewer''

software. Second, the draft complaint alleges that respondents NiteLine

and Tan failed to disclose or adequately disclose material aspects of

the ``viewer'' program, including that the program would shut off a

consumer's modem speakers, cut off the consumer's modem connection to

his local Internet service provider, and automatically place an

international telephone call from the consumer's modem to a remote

Internet site. The draft complaint alleges that Beylen violated the law

by

[[Page 59709]]

providing the ``means and instrumentalities'' to carry out the two

types of practices just described. Finally, the draft complaint alleges

that respondents Beylen, NiteLine, and Tan caused consumers to receive

deceptive telephone bills for calls that purportedly went to Moldova in

Eastern Europe, when they actually only went to Canada.

The proposed administrative consent order, published for comment

with this notice, again closely parallels the consent order proposed in

FTC v. Audiotex Connection, Inc. CV-97 0726 (DRH) (E.D.N.Y.). The

proposed administrative consent order contains prohibitions designed to

prevent respondents from engaging in similar acts and practices in the

future. The proposed administrative consent order also contains

monetary provisions designed to redress injury to consumers.

Sections I and IIA of the proposed order prohibit respondents from

engaging in the types of activity alleged in the draft complaint. Part

IIB of the proposed order requires the respondents to obtain written or

contractual assurances from third parties that calls will go to the

destination for which charges are assessed on a consumer's telephone

bill.

Section III requires the respondents to contribute to a redress

fund established pursuant to the consent order proposed in FTC v.

Audiotex Connection, Inc. CV-97 0726 (DRH) (E.D.N.Y.). Money from this

fund is to be paid to long-distance carriers so that they can issue

credits to consumers through their telephone bills. A portion of the

redress fund also is be paid to the FTC so that the Commission or its

agent can refund some consumers directly.

Sections IV, VI, and VIII require the respondents to maintain

copies of business records related to using the Internet to place

international long-distance telephone calls; to provide copies of the

order to certain of the company's personnel; to notify the Commission

of any change in employment or corporate structure that might affect

compliance with the order; and to file compliance reports with the

Commission. Section VII forbids the defendants from distributing any

version of their ``viewer'' program to third parties.

The proposed administrative consent order does not contain a

``sunset'' provision that would terminate the order twenty years after

it is issued or after a complaint is filed in federal court.

The purpose of this analysis is to facilitate public comment on the

proposed order. It is not intended to constitute an official

interpretation of the agreement and proposed order or to modify in any

way their terms.

Beylen Telecom, Ltd. and Niteline Media, Inc., corporations, and Ron

Tan, individually and as an officer of Niteline Media, Inc.

Agreement Containing Consent Order

The Federal Trade Commission has conducted an investigation of

certain acts and practices of Beylen Telecom, Ltd., NiteLine Media,

Inc., corporations, and Ron Tan, individually and as an officer of

NiteLine Media, Inc. (``proposed respondents''). Proposed respondents,

having been represented by counsel, are willing to enter into an

agreement containing an order resolving the allegations contained in

the attached draft complaint. Therefore,

It is hereby agreed by and between Beylen Telecom, Ltd. and

NiteLine Media, Inc., by their duly authorized officers, and Ron Tan,

individually and as an officer of NiteLine Media, Inc., and counsel for

the Federal Trade Commission that:

1a. Proposed respondent Beylen Telecom, Ltd., is a corporation

organized, existing and doing business under and by virtue of the laws

of the Cayman Islands with its principal office or place of business at

Genesis Building, PS Box 2097, Grand Cayman, Cayman Islands, British

West Indies.

1b. Proposed respondent NiteLine Media, Inc. is a New York

corporation with its principal office or place of business at 7302 19th

Avenue, Brooklyn, New York 11204.

1c. Proposed respondent Ron Tan is an individual residing within

the State of New York and is an officer and shareholder of NiteLine

Media, Inc. Individually or in concert with others he formulates,

direct, or controls the policies, acts, or practices of NiteLine Media.

His principal office or place of business is the same as that of

NiteLine Media, Inc.

2. For the purpose of this Order, proposed respondents admit all

the jurisdictional facts set forth in the draft complaint.

3. The proposed respondents waive:

(a) Any further procedural steps;

(b) The requirement that the Commission's decision contain a

statement of findings of fact and conclusion of law;

(c) All rights to seek judicial review or otherwise to challenge or

contest the validity of the Order entered pursuant to this agreement;

and

(d) Any claim under the Equal Access To Justice Act.

4. This agreement shall not become part of the public record of the

proceeding unless and until it is accepted by the Commission. If this

agreement is accepted by the Commission, it, together with the draft

complaint, will be placed on the public record for a period of sixty

(60) days and information about it publicly released. The Commission

thereafter may either withdraw its acceptance of this agreement and so

notify proposed respondents, in which event it will take such action as

it may consider appropriate, or issue and serve its complaint (in such

form as the circumstances may require) and decision in disposition of

the proceeding.

5. This agreement is for settlement purposes only and does not

constitute an admission by any of the proposed respondents that the law

has been violated as alleged in the draft complaint, or of any

wrongdoing whatsoever, or that the facts as alleged in the draft

complaint, other than the jurisdictional facts, are true.

6. This agreement contemplates that, if it is accepted by the

Commission, and if such acceptance is not subsequently withdrawn by the

Commission pursuant to the provisions of Section 2.34 of the

Commission's Rules, the Commission may, without further notice to

proposed respondents, (1) issue its complaint corresponding in form and

substance with the attached draft complaint and its decision containing

the following Order in disposition of the proceeding, and (2) make

information about it public. When so entered, the Order shall have the

same force and effect and may be altered, modified, or set aside in the

same manner and within the same time provided by statute for other

orders. The Order shall become final upon service. Delivery of the

complaint and the decision and Order to proposed respondents' attorneys

as stated in this agreement by any means specified in Section 4.4(a) of

the Commission's Rules shall constitute service. Proposed respondents

waive any right they may have to any other manner of service. The

complaint may be used in construing the terms of the Order. No

agreement, understanding, representation, or interpretation not

contained in the Order or in the agreement may be used to vary or

contradict the terms of the Order.

7. Proposed respondents have read the draft complaint and the

following Order. They understand that they may be liable for civil

penalties in the amount provided by law and other appropriate relief

for each violation of the Order that occurs after it becomes final.

[[Page 59710]]

Definitions

For purposes of this Order, the following definitions shall apply:

1. ``Beylen'' means Beylen Telecom, Ltd. and its successors,

assigns, shareholders, officers, agents, servants, employees, and those

persons in active concert or participation with them who receive actual

notice of this Order by personal service or otherwise, whether acting

through any corporation, subsidiary, division, or other device.

2. ``NiteLine'' means NiteLine Media, Inc. and its successors,

assigns, shareholders, officers, agents, servants, employees, and those

persons in active concert or participation with them who receive actual

notice of this Order by personal service or otherwise, whether acting

through any corporation, subsidiary, division, or other device.

3. ``Ron Tan'' means Ron Tan a/k/a Roeun Tan, individually, and in

his capacity as an officer and shareholder of NiteLine Media, Inc., and

his successors, assigns, officers, agents, servants, employees, and

those persons in active concert or participation with them who receive

actual notice of this Order by personal service or otherwise, whether

acting through any corporation, subsidiary, division, or other device.

4. Unless otherwise specified, ``respondents'' shall mean Beylen

and NiteLine, corporations, their successors and their officers; Ron

Tan, individually and as an officer of NiteLine; and each of the

above's agents, representatives and employees. Unless otherwise

specified, ``respondent'' shall mean NiteLine, Ron Tan or Beylen.

5. ``Commerce'' shall mean ``commerce'' as defined in Section 4 of

the Federal Trade Commission Act, 15 U.S.C. Sec. 44.

6. ``Clearly and Conspicuously'' shall mean as follows:

In an advertisement communicated through an electronic medium (such

as television, video, radio, and interactive media such as the Internet

and online services), the disclosure shall be presented simultaneously

in both the audio and video portions of the advertisement. Provided,

however, that in any advertisement presented solely through video or

audio means, the disclosure may be made through the same means in which

the ad is presented. The audio disclosure shall be delivered in a

volume and cadence sufficient for an ordinary consumer to hear and

comprehend it. The video disclosure shall be of a size and shade, and

shall appear on the screen for a duration, sufficient for an ordinary

consumer to read and comprehend it. In addition to the foregoing, in

interactive media the disclosure shall also be unavoidable and shall be

presented prior to the consumer incurring any financial obligation. The

disclosure shall be in understandable language and syntax. Nothing

contrary to, inconsistent with, or in mitigation of the disclosure

shall be used in any advertisement.

7. ``Document'' is synonymous in meaning and equal in scope to the

usage of the term in Federal Rule of Civil Procedure 34(a), and

includes writings, drawings, graphs, charts, photographs, audio and

video recordings, computer records, and other data compilations from

which information can be obtained. A draft or non-identical copy is a

separate document within the meaning of the term.

8. ``David.exe'' means a software program that, as alleged in the

Commission's draft complaint, a respondent has promoted, offered,

distributed, or provided on web sites as a ``viewer,'' which consumers

may download, install, and execute, and which dials an international

long-distance telephone number for which a fee is charged.

9. ``Eligible Consumer'' means a telephone subscriber that was

billed for international long distance calls to Moldova from December,

1996 through February, 1997 to one of the telephone numbers listed in

Schedule A, annexed hereto.

10. ``Relevant Charges'' means the dollar amount billed by AT&T,

MCI, Sprint or another long distance carrier to an Eligible Consumer

for international long distance calls to Moldova from December 1996

through February 1997, to one of the telephone numbers listed in

Schedule A, annexed hereto.

I.

It is therefore ordered that, in connection with using the Internet

to place international long distance telephone calls, each respondent

shall not violate Section 5(a) of the FTC Act, 15 U.S.C. Sec. 45(a) by:

A. Representing, either directly or by implication, that consumers

may download, install, activate or use a computer software program to

view computer-stored images without cost, unless there are no costs to

consumers arising from such activity.

B. Representing, either directly or by implication, that a consumer

may view computer-stored images by downloading, installing and

activating a software program known as ``David.exe'' or any other

substantially similar software, unless such respondent clearly and

conspicuously discloses, in close proximity to the representation, any

material facts concerning costs and consequences to a consumer that

result from downloading, installing, and activating such software,

including, but not limited to, the following:

1. That the consumer's computer will terminate its modem connection

to the consumer's usual Internet service provider;

2. That the consumer's modem will dial an international long-

distance telephone number and establish a long-distance telephone

connection with some remote location outside the United States;

3. (a) A statement that ``International long distance telephone

charges to [insert country of call termination] apply''; and

(b) Either:

(i) a statement that ``This call may cost you as much as [insert

the maximum estimate of possible per-minute tariffed charge available

through one of the three largest U.S. long-distance carriers (e.g. MCI,

Sprint or AT&T; hereafter ``a major U.S. carrier'')] per minute''; or

(ii) a stated range of possible costs-per-minute for the call,

where the maximum possible per-minute charge available through a major

U.S. carrier is disclosed at least as prominently as any lower estimate

of possible charges, and the lower estimate is based on a non-

promotional standard tariffed charge available through a major carrier,

and there is a clear and conspicuous disclosure of the following

statement: ``To determine your exact per-minute charges, contact your

long distance carrier.''; and,

4. That, once connected, the consumer's computer modem will not

terminate the international long-distance telephone connection to the

remote service provider unless and until: (a) the consumer terminates

the connection by using a ``disconnect'' feature that is displayed on

the screen throughout the connection; OR (b) the call is terminated

automatically after some specific, stated period of time (e.g. after 5

minutes); OR (c) the consumer turns off the power switch to his

computer or modem, or takes other drastic and unusual action to

terminate the telephone connection, if neither (a) nor (b) above are

applicable.

II.

It is further ordered that:

A. Each respondent shall not violate Section 5(a) of the FTC Act,

15 U.S.C. Sec. 45(a) by directly causing international long-distance

charges to appear on the telephone billing statement of any consumer

when such call does not, in

[[Page 59711]]

fact, go to the international destination for which charges are

assessed; and

B. Each respondent, when contracting with any entity for

international call charges to appear on any consumer's telephone bill,

shall include written terms in such contract requiring calls to go to

the destination for which charges are assessed on a consumer's

telephone bill. If, at the time of the entry of this Order, a

respondent has an existing contract with another entity that arranges

call charges to appear on any consumer's telephone bill, the respondent

may satisfy the requirements of this Section by obtaining from that

entity a letter or other written assurance that calls go to the

destination for which charges are assessed on a consumer's telephone

bill.

III.

It is further ordered that:

A. Pursuant to the Consent Decree and Order proposed in FTC v.

Audiotex Connection, Inc., CV-97 0726 (DRH) (EDNY) (``the Consent

Decree''), and after the entry of such Consent Decree, Eligible

Consumers charged by AT&T or MCI for telephone calls involving

David.exe shall, to the extent possible, receive a credit on their

monthly telephone bill equal to the amount of the Relevant Charges. To

the extent an Eligible Consumer has already been credited such an

amount in full, no additional credit shall be extended. To the extent

an Eligible Consumer has received a partial credit, only the remaining

balance of the original Relevant Charge shall be credited. The process

for issuing the credits to Eligible Consumers will be administered by

AT&T and MCI, respectively, and monitored and/or audited by the FTC.

The reasonable costs of the two carriers arising from the issuance of

credits for the Relevant Charges and from such administration of

credits shall be reimbursed by the escrow agent by deducting and paying

to AT&T and MCI, respectively, the amounts stated below.

B. Pursuant to the Consent Decree and Order proposed in FTC v.

Audiotex Connection, Inc., CV-97 0726 (DRH) (EDNY), and after the entry

of such Consent Decree, a Redress Escrow Account shall be established

at a bank with a branch located in the State of New York, and Joel

Dichter, Esq., shall be designated as the sole escrow agent and

signatory to this Redress Escrow Account. In addition to the funds

deposited by the defendants in FTC v. Audiotex Connection, Inc., the

respondents shall deposit sufficient funds into the Redress Escrow

Account as are necessary to enable the escrow agent to distribute the

funds, consisting of a total deposit of all sums provided by Section

IIIB(1) and (2), below, contemporaneously with a deposit of the $60,000

provided by Section IIIB(3), in the following manner:

1. AT&T shall be distributed the sum of $660,000 toward the cost of

administering the credit to consumers provided by Section IIIA, above,

and toward reimbursement of out-of-pocket expenses associated with

calls to the Moldova telephone numbers;

2. MCI shall be distributed the sum of $99,302.57 toward the cost

of administering the credit to consumers provided by Section IIIA above

and toward reimbursement of out-of-pocket expenses associated with

calls to the Moldova telephone numbers;

3. Forty Thousand Dollars ($40,000) shall be distributed to the

Federal Trade Commission and shall be used, where practicable, to

provide redress to Eligible Consumers charged by an international long-

distance carrier other than AT&T or MCI (hereinafter referred to as

``Eligible Non-AT&T/MCI Consumers''). The Commission, in its sole

discretion, may use a designated agent to administer redress for

Eligible Non-AT&T/MCI Consumers. If the Commission, in its sole

discretion, determines that redress to consumers is wholly or partially

impractical, any funds up to Forty Thousand Dollars ($40,000.00) not so

used shall be paid to the United States Treasury. The respondents shall

be notified as to how such funds are disbursed, but shall have no right

to contest the manner of distribution. Eligible Non-AT&T/MCI Consumers

shall have 90 days from the Court's entry of the Consent Decree to

request a refund. If the Commission or its designated agent determine

within 120 days from the entry of the Consent Decree that the cost of

issuing and administering refunds to Eligible Non-AT&T/MCI Consumers

exceeds Forty Thousand Dollars ($40,000.00), the Commission or its

designated agent shall so notify the escrow agent, and an additional

sum of money not to exceed Twenty Thousand Dollars ($20,000.00) shall

be distributed by the escrow agent to the Commission for redress to

Eligible Non-AT&T/MCI Consumers. To the extent that the escrow agent is

not notified in writing by the Commission within such 120 day period

that all or a portion of the additional Twenty Thousand Dollars

($20,000.00) is required by the Commission for redress purposes, the

$20,000.00 or remaining portion thereof not required by the Commission

for redress purposes shall be released from the Redress Escrow Account

and distributed promptly by the escrow agent to any contributing

defendant in FTC v. Audiotex Connection, Inc. and/or any contributing

respondent.

C. The respondents unilaterally agree to comply with this

administrative Order after the Commission votes to accept it and during

the 60-day comment period before the Order becomes final. Should the

respondents distribute funds during that period to the Redress Escrow

Account, in amounts sufficient to commence the redress program under

the Consent Decree in FTC v. Audiotex Connection, Inc., such payment

shall fulfill the respondents' redress obligations under Section IIIB

above.

IV.

It is further ordered that for a period of three years after the

date of entry of this Order, each respondent shall maintain, and make

available to the FTC upon reasonable notice, documents that, in

reasonable detail, accurately, fairly, and completely reflect such

respondent's activities related to using the Internet to place

international long distance telephone calls including:

A. 1. Representative written and, if distributed in audio format,

audiotaped copies of all solicitations, advertisements, or other

marketing materials actually used;

2. The number, frequency, and average duration of calls to any

international, tolled telephone numbers advertised or promoted directly

or indirectly by such respondent, as well as the payments received and

payments made for such calls;

3. The portion of the contract or the other written assurance

referenced in Section IIB of this Order; and,

Records that reflect, for every consumer complaint or refund

request received from any consumer to whom such respondent has sold,

billed or sent any goods or services, or from whom such respondent

accepted money for such goods or services, whether received directly or

indirectly or through any third party:

1. the consumer's name, address, telephone number and the dollar

amount paid by the consumer;

2. the written complaint or refund request, if any, and the date of

the complaint or refund request;

3. the basis of the complaint and the nature and result of any

investigation conducted concerning the validity of the complaint;

4. each response from the respondent(s) and the date of the

response;

5. any final resolution and the date of the resolution; and

[[Page 59712]]

6. in the event of a denial of a refund request, the reason for

such denial.

V.

It is further ordered that, to enable the Commission to monitor

compliance with the provisions of this Order, for a period of three

years after the date of entry of this Order:

A. Each corporate respondent shall notify the FTC in writing,

within thirty (30) days of: (1) any reorganization, name change,

dissolution, change in majority ownership, or any corporate change that

may affect compliance obligations arising under this Order; and (2) any

affiliation with any new business entity (including but not limited to,

any partnership, limited partnership, joint venture, sole

proprietorship or corporation) in connection with using the Internet to

place international long distance telephone calls, such notification to

include: (a) the name of the business entity; (b) the address and

telephone number of the business entity; (c) the names of the business

entity's officers, directors, principals and managers; and (d) a

summary description of the business entity's intended activities; and

B. Each individual respondent shall notify the FTC in writing,

within thirty (30) days of the discontinuance of his current business

affiliation or employment with a corporate respondent, or of his

affiliation or employment with any new business entity (including but

not limited to, any partnership, limited partnership, joint venture,

sole proprietorship or corporation) in connection with using the

Internet to place international long distance telephone calls, in the

latter case such notification to include: (a) the name of the business

entity; (b) the address and telephone number of the business entity;

(c) the names of the business entity's officers, directors, principals

and managers; and (d) a summary description of the business entity's

intended activities; and

C. Each respondent shall designate its counsel as authorized to

accept service of all documents related to this Order.

VI.

It is further ordered that each respondent shall not provide or

distribute to any person, except for a court, counsel for the

respondents, counsel's consultants, agents of the Commission or other

law enforcement authorities, or others as ordered by a court of

competent jurisdiction, copies of ``David.exe'' or ``david7.exe'' or

any substantially similar software.

VII.

It is further ordered that for a period of three years after the

date of entry of this Order, each respondent shall in connection with

any business using the Internet to place international long distance

telephone calls:

A. Provide a copy of this Order once to, and obtain a signed and

dated acknowledgment of receipt of the same from, each affiliate,

subsidiary, division, sales entity, successor, officer, director,

shareholder, employee, agent or representative of such respondent; and

B. Maintain, and upon reasonable notice make available to

representatives of the Commission, the original and dated

acknowledgments of the receipts of copies of this Order required by

Section VIIA above.

VIII.

It is further ordered that where required by this Order, written

notice to:

A. The Commission shall be effected by serving papers, by personal

delivery or certified mail, addressed to: Associate Director, Federal

Trade Commission, Division of Marketing Practices, Sixth Street and

Pennsylvania Avenue, N.W., Room 238, Washington, DC 20580; and

B. The respondents shall be effected by serving papers, by personal

delivery or certified mail, addressed to: Joel R. Dichter, Klein,

Zelman, Rothermel & Dichter, L.L.P., 485 Madison Avenue, New York, NY

10022.

IX.

It is further ordered that each respondent shall, within 180 days

after the date of entry to this Order, file with the Commission a

report, in writing, setting forth the manner and form of compliance

with this Order.

X.

It is further ordered that, to the extent that this Order may

conflict with any federal law or regulation which is later enacted or

amended, such law and not this Order shall apply where such a conflict

exists. For the purposes of this Order, a conflict exists if the

conduct prohibited by this Order is required by such federal law or if

conduct required by this Order is prohibited by such federal law.

Attachment A--List of Moldova Phone Numbers

373-955-1100

373-955-1111

373-955-1200

373-955-1300

373-955-1400

373-955-1500

373-955-1600

373-955-2000

373-955-2010

373-955-2020

373-955-2030

373-955-2222

373-955-2400

373-955-2401

373-955-2402

373-955-2403

373-955-2404

373-955-2405

373-955-2406

373-955-2407

373-955-2408

373-955-2409

373-955-2410

373-955-2411

373-955-2419

Donald S. Clark,

Secretary.

[FR Doc. 97-29298 Filed 11-3-97; 8:45 am]

BILLING CODE 6750-01-P