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                                   Before the

                       Federal Communications Commission

                            Washington, D.C.  20554


                                            )                                
                                                                             
                                            )                                
     In the Matter of                                                        
                                            )   File No. EB-06-TC-4512       
     Burke's Garden Telephone Company,                                       
     Inc.                                   )   NAL/Acct. No. 20073217 0056  
                                                                             
     Apparent Liability for Forfeiture      )   FRN: 0004942819              
                                                                             
                                            )                                
                                                                             
                                            )                                


                                     ORDER

   Adopted: June 4, 2007   Released: June 4, 2007

   By the Chief, Enforcement Bureau:

   I. introduction and Background

    1. In this Order, we cancel a proposed forfeiture in the amount of four
       thousand dollars ($4,000) issued to Burke's Garden Telephone Company,
       Inc. ("Burke's Garden") for apparent willful and repeated violation of
       a Commission order for failure to respond to a directive of the
       Enforcement Bureau ("Bureau") to provide certain information and
       documents related to the Bureau's investigations into carrier
       protection of customer proprietary network information ("CPNI").

    2. On January 27, 2007, the Bureau issued a Letter of Inquiry ("LOI") to
       Burke's Garden directing Burke's Garden to provide the company's CPNI
       compliance certificates for the previous five years, prepared pursuant
       to section 64.2009(e) of the Commission's rules. On March 30, 2007,
       the Bureau issued a Notice of Apparent Liability for Forfeiture
       ("NAL") in the amount of $4,000 to Burke's Garden for failing to
       respond to a directive of the Bureau to provide certain information
       and documents related to the Bureau's investigation into carrier
       protection of CPNI. Burke's Garden filed a response to the NAL on
       April 3, 2007 ("Response").

   II. Discussion

    3. Burke's Garden's April 3, 2007 response to the NAL includes a one-page
       policy document from the company, as well as a certified mail receipt
       showing that the document was received by the Commission on February
       12, 2007. However, the document does not include any identifying case
       number or cover letter indicating to what it is responding. Pursuant
       to the January 30, 2007 LOI sent to Burke's Garden, the company was
       required to direct the original of its response to Marcy Greene,
       Deputy Division Chief, Telecommunications Consumers Division,
       Enforcement Bureau and submit its response via hand-delivery and via
       email with all attachments to christopher.olsen@fcc.gov and
       marcy.greene@fcc.gov. Burke's Garden failed to submit its response in
       accordance with the requirements of the LOI. Companies such a Burke's
       Garden have a duty to follow all instructions contained in the LOI to
       ensure that their responses are addressed to the appropriate
       individuals and received. Despite Burke's Garden's failure to
       carefully adhere to the instructions in the LOI, we exercise our
       discretion to cancel the proposed forfeiture against the company in
       this case, because it has provided evidence that it did file a timely
       response, and does not make frequent filings with the Commission. We
       strongly caution Burke's Garden to carefully follow all relevant
       instructions in Commission directives when dealing with the Commission
       in the future.

    4. Based on our review of Burke's Garden's Response and the record, we
       find that Burke's Garden did not willfully and repeatedly violate a
       Commission order by failing to respond to a directive of the Bureau.
       Consequently, we conclude that no forfeiture should be imposed.

    5. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended ("Act"), and sections 0.111,
       0.311 and 1.80(f) (4) of the Commission's rules, that the proposed
       forfeiture in the amount of four thousand dollars ($4,000) issued to
       Burke's Garden Telephone Company, Inc., in the March 30, 2007, Notice
       of Apparent Liability for Forfeiture for willful and repeated
       violations of a Commission order IS CANCELLED.

    6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to Burke's
       Garden Telephone Company, Inc., at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris A. Monteith

   Chief, Enforcement Bureau

   Letter from Marcy Greene, Deputy Division Chief, Telecommunications
   Consumers Division, Enforcement Bureau to Ms. Sue B. Moss, Mr. Stephen H.
   Peery, Richard Snapp, and Mr. Ralph L. Frye, Burke's Garden Telephone
   Company, Inc. (January 27, 2007) ("LOI"). See 47 C.F.R. S 64.2009(e).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732170056
   (E.B., rel. March 30, 2007).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 07-2300

                                       2

   Federal Communications Commission DA 07-2300