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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                  )                          
                                                                             
     In the Matter of                             )   File No. EB-07-SE-310  
                                                                             
     Cardinal Broadband LLC,                      )   NAL/Acct. No.          
     aka Sovereign Telecommunications,                200832100070           
                                                  )                          
     a wholly owned subsidiary of Cardinal            FRN No. 0018035063     
     Communications, Inc.                         )                          
                                                                             
                                                  )                          


             Notice of apparent Liability for forfeiture AND ORDER

   Adopted: August 15, 2008 Released: August 15, 2008

   By the Chief, Enforcement Bureau:

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL"),
       we find Cardinal Broadband, LLC, aka Sovereign Telecommunications, a
       wholly owned subsidiary of Cardinal Communications, Inc. (hereinafter,
       "Cardinal"), apparently liable for a forfeiture in the amount of
       twenty-five thousand dollars ($25,000) for willful and repeated
       violation of Section 9.5(b) of the Commission's Rules ("Rules") by
       failing to provide fully compliant E911 service.

   II. BACKGROUND 

    2. On July 13, 2007, the Commission received a complaint alleging that
       Cardinal, an interconnected Voice over Internet Protocol ("VoIP")
       service provider, was not providing E911 service in a condominium
       complex called Millstone in Golden, Colorado. Specifically, the
       complaint alleged that "no one in the complex can call 911 and get our
       local police department." The complaint further alleged that the local
       police department had visited the condominium complex to confirm the
       situation and had provided residents a flyer advising them that they
       did not have 911 service and that they should call the police
       department's regular number in case of emergency. This complaint was
       subsequently referred to the Enforcement Bureau's Spectrum Enforcement
       Division ("Division") for investigation. During a follow-up phone call
       on August 24, 2007, the complainant informed Division staff that he
       and his neighbors had had a form of E911 service for approximately two
       weeks. The complainant indicated that the 911 calls now went to a
       third party, which would forward the call and the 911 caller's address
       to the appropriate emergency personnel. The complainant also asserted
       that conventional landline telephone service was not available at
       Millstone because an affiliate company of Cardinal constructed the
       condominium complex and did not permit it to be wired for conventional
       landline service.

    3. On September 10, 2007, the Division issued a letter of inquiry ("LOI")
       to Cardinal directing it to provide certain information concerning its
       provision of interconnected VoIP service. In its response, Cardinal
       admitted that it "resells" telephone service but claimed that it does
       not provide an "interconnected VoIP service." Specifically, Cardinal
       argued that "the service Cardinal resells does not require `a
       broadband connection from the user's location' ... [or] ... `internet
       protocol-compatible customer premises equipment ["CPE"]'" and, thus
       does not meet two of the four criteria for interconnected VoIP
       service. Relying on its claim that the service it provided was not
       interconnected VoIP service, Cardinal did not respond to the remainder
       of the LOI.

    4. During internet research on the website of Cardinal's wholly-owned
       subsidiary, Broadband, the Division found marketing materials that
       included the following statement: "Our state-of-the-art phone service
       transports voice data using both regular phone lines and the Internet.
       Getting connected to our broadband network is easy. You simply connect
       your telephone to your Digital Telephone adaptor and use your phone
       service like you do today."

    5. On November 20, 2007, the Division directed a follow-up LOI to
       Cardinal, attaching the marketing materials found on the Broadband
       website. In a preliminary e-mail response, Cardinal stated that:

   In my initial response I relied on the information provided to me verbally
   by the employees of our subsidiary, Cardinal Broadband. Somewhere we had a
   communication break down because I agree with you that anywhere a customer
   must use an internet adapter to have telephone service would definitely
   qualify as Interconnected VoIP.

    6. In its response to the follow-up LOI, Cardinal states that, through
       its wholly-owned subsidiary, Broadband, it resells the interconnected
       VoIP services of Prime Time Communications ("Prime Time") and Simple
       Signal at seven condominium buildings and communities in Colorado.
       Cardinal asserts that since it is only a reseller, it is not an
       interconnected VoIP service provider within the meaning of the
       Commission's rules. Cardinal also claims that it is not an
       interconnected VoIP service provider within the meaning of the
       Commission's rules because it resells Qwest analog telephone service
       at all of the locations at which it provides interconnected VoIP
       service, and the Qwest analog telephone service does not "require a
       broadband connection from the user's location" or "require internet
       protocol-compatible customer premises equipment." Cardinal
       acknowledges, however, that at five of the locations where it provides
       interconnected VoIP service, there are "centrally positioned Internet
       Access Devices" ("IADs"). Customers that request VoIP service at these
       five locations are connected to IADs that are connected via T1s to
       Prime Time's or Simple Signal's Broadsoft Server, which directs the
       VoIP traffic to the Public Switched Telephone Network ("PSTN").
       Cardinal indicates that if a customer requests VoIP service at the
       remaining two locations, CPE -- specifically, a plug-in adapter -- is
       required in the customer's unit. At these locations, the plug-in
       adapter directs traffic that is routed to either Prime Time's or
       Simple Signal's Broadsoft Server.

    7. In addition, Cardinal admits that, from March 2007 until at least
       August 15, 2007, it sold interconnected VoIP service at the Millstone
       condominium community in Golden, Colorado that did not include fully
       compliant E911 service. Specifically, Cardinal states that in March
       2007 it was reselling VoIP service provided by Prime Time at that
       location and that "[t]here was an error in giving Prime Time
       Communications the registered locations of the new Millstone
       customers." Cardinal states that once it learned of the problem, it
       tried to work through the issues with Prime Time from March 2007 until
       July 2007, but in July 2007 decided to switch providers to Simple
       Signal. Cardinal indicates that Simple Signal began servicing the
       customers at Millstone on August 15, 2007, and that all of the
       Millstone VoIP customers were provided "e911 compliant service by or
       before October 23, 2007." Cardinal asserts that it provided fully
       compliant E911 service at all other locations where it provided
       interconnected VoIP service as of the date it began offering
       interconnected VoIP service at those locations. Finally, Cardinal
       asserts that other communications providers are permitted to install
       their own wiring at the properties where Cardinal provides
       interconnected VoIP service.

   III. Discussion

     A. Cardinal Apparently Violated the Requirement That Interconnected VoIP
        Service Providers Provide E911 Service

    8. Section 9.5(b)(1) of the Rules provides, in relevant part, that
       "[i]nterconnected VoIP service providers must, as a condition of
       providing service to a consumer, provide that consumer with E911
       service as described in this section." Cardinal admits that, from
       March 2007 until at least August 15, 2007, the interconnected VoIP
       service provided at the Millstone condominium community in Golden,
       Colorado, did not include fully compliant 911 service. Cardinal,
       however, claims that it is not subject to Section 9.5(b).
       Specifically, Cardinal argues that it is not an "interconnected VoIP
       service provider" as the term is used in Section 9.5 of the Rules,
       because it only "resells" interconnected VoIP service provided by
       others.

    9. Initially, it is not clear from Cardinal's response that it is a
       "reseller" rather than a primary provider of interconnected VoIP
       service. Cardinal apparently provides the broadband connectivity
       itself and, in at least some cases, the customer's CPE, while
       partnering with others to provide access to the PSTN and perhaps some
       of the VoIP functionality. We do not need to decide this issue,
       however, because even assuming that Cardinal only resells
       interconnected VoIP service, it is nevertheless subject to the
       requirements in section 9.5 of the Commission's rules as a provider of
       interconnected VoIP services. In the VoIP 911 Order, the Commission
       adopted "an immediate E911 requirement that applies to all
       interconnected VoIP services." Specifically, the Commission required
       "all" providers of interconnected VoIP service to incorporate E911
       service into "all" interconnected VoIP service offerings. The
       Commission made no distinction between providers who own and operate
       their own facilities, services, or networks, and those who outsource
       some or all of those functions to others. To the contrary, one of the
       Commission's principal concerns in adopting this requirement was the
       expectation of customers that interconnected VoIP service would
       include E911 capabilities -- an expectation that applies regardless of
       whether the service is provided directly or through resale.

   10. Additional precedent also supports a finding that Cardinal is a
       provider of interconnected VoIP service subject to our VoIP E911
       rules. In extending universal service contribution obligations to
       providers of interconnected VoIP service, the Commission relied on its
       authority to require "[a]ny other provider of interstate
       telecommunications" to contribute to universal service. The Commission
       found that common definitions of the term "provide" suggest that it
       should consider the meaning of "provide" from a supply side, i.e.,
       from a provider's point of view. In this regard, it noted that Black's
       Law Dictionary defines "provide" as "[t]o make, procure, or furnish
       for future use, prepare. To supply; to afford; to contribute." In
       fact, the Commission has compared some interconnected VoIP service
       providers to other resellers of telecommunications. It concluded:

   Just as the Commission has previously found resellers to be supplying
   telecommunications to their customers even though they do not own or
   operate the transmission facilities, ... we find interconnected VoIP
   providers to be `providing' telecommunications regardless of whether they
   own or operate their own transmission facilities or they obtain
   transmission from third parties. In contrast to services that merely use
   the PSTN to supply a finished product to end users, interconnected VoIP
   supplies PSTN transmission itself to end users.

   The U.S. Court of Appeals for the D.C. Circuit subsequently affirmed the
   Commission's interpretation of the statutory term "provide." Given this
   broad interpretation of "provide," we find that so-called "resellers" of
   interconnected VoIP services are interconnected VoIP service providers
   subject to the E911 service requirements in Section 9.5 of our rules.

   11. Finally, we reject Cardinal's argument that it is not an
       interconnected VoIP service provider because it also sells Qwest
       analog telephone service that does not "require a broadband connection
       from the user's location" or "require internet protocol-compatible
       customer premises equipment." Conventional analog telephone service
       and interconnected VoIP service are distinct services. Cardinal's
       status as an interconnected VoIP service provider is unaffected by the
       fact that it also offers conventional analog telephone service.

   12. Based on the above conclusions, we find that Cardinal is an
       interconnected VoIP provider and that it willfully and repeatedly
       apparently violated Section 9.5(b) of the Rules by failing to provide
       compliant E911 service to the complainant.

   B. Proposed Forfeiture

   13. Section 503(b) of the Act authorizes the Commission to assess a
       forfeiture for each willful or repeated violation of the Act or of any
       rule, regulation, or order issued by the Commission under the Act. In
       exercising such authority, we are required to take into account "the
       nature, circumstances, extent, and gravity of the 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."

   14. Section 503(b)(6) of the Act bars the Commission from proposing a
       forfeiture for violations that occurred more than a year prior to the
       issuance of an NAL. Section 503(b)(6) does not, however, bar the
       Commission from assessing whether Cardinal's conduct prior to issuance
       apparently violated the provisions of the Act and Rules and from
       considering such conduct in determining the appropriate forfeiture
       amount for violations that occurred within the one-year statutory
       period. Thus, while we may consider the fact that Cardinal's conduct
       has continued over a period that began during March 2007, the
       forfeiture amount we propose herein relates only to Cardinal's
       apparent violations that have occurred within the past year.

   15. The  Commission's Forfeiture Policy Statement and Section 1.80 of the
       Rules do not establish a base forfeiture for violation of Section
       9.5(b) of the Rules. The Commission has, nevertheless, found that the
       "omission of a specific rule violation from the list ... [establishing
       base forfeiture amounts] should not signal that the Commission
       considers any unlisted violation as nonexistent or unimportant. The
       Commission expects, and it is each licensee's obligation to know and
       comply with all Commission's rules." Thus, the Commission retains its
       discretion to issue forfeitures on a case-by-case basis, and has
       assessed forfeiture liability, for rule violations irrespective of
       whether corresponding base forfeiture amounts have been established.

   16. Having considered the statutory factors and recent precedent, we find
       that Cardinal's apparent willful and repeated failure to provide the
       complainant with E911 service in compliance with Section 9.5(b) of the
       Rules warrants a proposed forfeiture in the amount of $25,000. We note
       that the Commission has found that violations of E911 requirements are
       serious given the critical function these requirements serve in
       promoting and safeguarding life and property. As the Commission has
       stated, "E911 service saves lives and property by helping emergency
       services personnel do their jobs more quickly and efficiently."
       Moreover, the VoIP E911 requirements have been in place since November
       2005. We also take into account the fact that the violation here
       continued from March 2007 until at least August 15, 2007.

   17. We recognize that the proposed $25,000 forfeiture is proportionally
       higher than those proposed in recent wireless E911 cases. Those cases,
       however, involved failures to provide either Phase I or Phase II
       location information in response to valid PSAP requests. By contrast,
       this case apparently involves a total failure to provide any 911
       service. According to the complainant, local emergency officials
       considered the situation so dire that they distributed flyers warning
       of the lack of 911 service and directing residents to use the police
       department's regular number in case of emergency. This is precisely
       the type of situation the VoIP E911 rules were intended to avoid.
       Given the critical importance of providing consumers -- including this
       complainant -- the ability to call 911, we conclude that a
       substantially higher proposed forfeiture is warranted here.

   C. Other Obligations of Interconnected VoIP Service Providers.

   18. As an interconnected VoIP service provider, Cardinal is also subject
       to the Commission's other requirements pertaining to interconnected
       VoIP. These include Communications Assistance for Law Enforcement Act
       ("CALEA") obligations; Customer Proprietary Network Information
       ("CPNI") obligations; Telecommunications Relay Services ("TRS")
       obligations; disability access obligations; local number portability
       requirements  ; and obligations to contribute to the universal
       service, TRS, numbering administration, and local number portability
       funds. Furthermore, Cardinal apparently has not filed a Form 499-A in
       connection with its interconnected VoIP service. The Enforcement
       Bureau intends to investigate Cardinal's compliance with these
       requirements and may take further enforcement action, if warranted.

   iV. ordering clauses

   19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Cardinal
       Broadband LLC IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE
       in the amount of twenty-five thousand dollars ($25,000) for failing to
       provide compliant E911 service in willful and repeated violation of
       Section 9.5(b) of the Rules.

   20. IT IS FURTHER ORDERED that Cardinal submit a report within 10 days of
       this NAL certifying that it is providing E911 service to all its VoIP
       customers, in full compliance with the Commission's Rules. Cardinal's
       report shall include: the total number of current customers served by
       Cardinal; the number of customers it serves or served that did not
       receive E911 service at any point since January 1, 2007; and a
       detailed explanation of the manner in which Cardinal is fully
       complying with the Commission's VoIP E911 Rules. Cardinal shall submit
       the report to Thomas Fitz-Gibbon, Spectrum Enforcement Division,
       Enforcement Bureau, Federal Communications Commission, 445 12th
       Street, S.W., Washington, DC 20554. Cardinal shall also submit the
       report electronically to Thomas.Fitz-Gibbon@fcc.gov.

   21. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
       within thirty days of the release date of this Notice of Apparent
       Liability for Forfeiture, Cardinal SHALL PAY the full amount of the
       proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   22. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
       When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to: Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C. 20554. Please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures. Cardinal will also send electronic
       notification on the date said payment is made to
       Thomas.Fitz-Gibbon@fcc.gov and Ricardo.Durham@fcc.gov.

   23. The response, if any, must be mailed to the Office of the Secretary,
       Federal Communications Commission, 445 12th Street, S.W., Washington,
       D.C. 20554, ATTN: Enforcement Bureau - Spectrum Enforcement Division,
       and must include the NAL/Acct. No. referenced in the caption.

   24. 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; 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.

   25. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture  shall be sent by first class mail and certified mail
       return receipt requested to Ronald S. Bass, Principal Accounting
       Officer, Cardinal Communications, Inc., 11101 120th Avenue, Suite 220,
       Broomfield, CO 80021.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

   47 C.F.R. S: 9.5(b). In a companion decision issued concurrently with this
   NAL, we propose a forfeiture of $25,000 against Cardinal for willfully
   providing incorrect material factual information to the Commission without
   a reasonable basis for believing that the information was correct and
   accurate in apparent violation of Section 1.17 of the Rules. Cardinal
   Broadband LLC, Notice of Apparent Liability, DA 08-1921 (Enf. Bur., rel.
   August 15, 2008).

   An interconnected VoIP service is a service that: (1) enables real-time,
   two-way voice communications; (2) requires a broadband connection from the
   user's location; (3) requires Internet Protocol-compatible customer
   premises equipment; and (4) permits users generally to receive calls that
   originate on the public switched telephone network ("PSTN") and to
   terminate calls to the PSTN. See 47 C.F.R. S: 9.3; see also IP-Enabled
   Services and E911 Requirements for IP-Enabled Service Providers, First
   Report and Order and Notice of Proposed Rulemaking, 20 FCC Rcd 10245,
   10257-58, P: 24 (2005) ("VoIP 911 Order"), aff'd sub nom. Nuvio v. FCC,
   473 F.3d 302 (D.C. Cir. 2006).

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Cardinal
   Communications, Inc. (September 10, 2007) ("LOI").

   Letter from Edward A. Garneau, Chief Executive Officer, Cardinal
   Communications, Inc., and Ronald S. Bass, Principal Accounting Officer,
   Cardinal Communications, Inc., to Kathryn S. Berthot, Chief, Spectrum
   Enforcement Division, Enforcement Bureau, Federal Communications
   Commission, and Thomas D. Fitz-Gibbon, Esq., Spectrum Enforcement
   Division, Enforcement Bureau, Federal Communications Commission (October
   9, 2007) ("LOI Response") at 3.

   Id. at 3 (emphasis in original).

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Ronald S. Bass,
   Principal Accounting Officer, Cardinal Communications, Inc. (November 20,
   2007) ("Second LOI").

   Electronic Mail Message from Ronald S. Bass, Principal Accounting Officer,
   Cardinal Communications, Inc., to Thomas D. Fitz-Gibbon, Esq., Spectrum
   Enforcement Division, Enforcement Bureau, Federal Communications
   Commission (November 30, 2007).

   Letter from Ronald S. Bass, Principal Accounting Officer, Cardinal
   Communications, Inc., to Thomas D. Fitz-Gibbon, Esq., Spectrum Enforcement
   Division, Enforcement Bureau, Federal Communications Commission (January
   7, 2008) ("Second LOI Response") at 3-7. Specifically, Cardinal indicates
   that it provides interconnected VoIP service at the following condominium
   buildings or communities: Mountain View/Pinnacle/WestFork Village in
   Greeley, Colorado; Hunter's Chase in Parker, Colorado; Millstone in
   Golden, Colorado; Prado in Denver, Colorado; Beauvallon in Denver,
   Colorado; Wentworth Apartments in Aurora, Colorado; and Heritage
   Crossing/Colony Ridge/Prospect in Thornton, Colorado. Id. at 3-6.

   Id. at 3, 7.

   Id. at 7.

   Id. at 17-18.

   Id. at 17.

   Id. at 17-18.

   Id. at 17.

   Id. at 4, 11 and 21.

   Id.

   Id.

   Id. at 3-6.

   47 C.F.R. S: 9.5(b)(1); VoIP 911 Order, 20 FCC Rcd at 10266 P: 37. See
   also 47 C.F.R. S: 9.5(a) (making the E911 service requirements "applicable
   to providers of interconnected VoIP services").

   See P: 4, supra

   Many interconnected VoIP providers resell at least some portions of the
   interconnected VoIP service they provide. For instance, interconnected
   VoIP providers frequently resell the services of telecommunications
   carriers to provide their interconnected VoIP customers with the
   capability to terminate calls to, and receive calls from, the PSTN. See
   Universal Service Contribution Methodology, Report and Order and Notice of
   Proposed Rulemaking, 21 FCC Rcd 7518, 7539-40 P: 41 (2006) ("Interim
   Contribution Methodology Order"), aff'd in part and rev'd in part sub nom.
   Vonage Holdings Corp. v. FCC, 489 F.3d 1232 (D.C. Cir. 2007) ("Vonage
   Holdings"). See also Bright  House Networks v. Verizon California,
   Memorandum Opinion and Order, 23 FCC Rcd 10704 P: 3 (2008) (describing
   relationship between interconnected VoIP service providers and wholesale
   telecommunications carriers), petition for review filed sub nom. Verizon
   California, Inc. v. FCC, No. 08-1234 (D.C. Cir. 2008); Time Warner Request
   for Declaratory Ruling That Competitive Local Exchange Carriers May Obtain
   Interconnection Under Section 251 of the Communications Act of 1934, as
   Amended, to Prove Wholesale Telecommunications Services to VoIP Providers,
   Memorandum Opinion and Order 22 FCC Rcd 3513 (Wireline Comp. Bur. 2007).

   VoIP 911 Order, 20 FCC Rcd at 10246 P: 2 (emphasis added).

   Id. at 10256 P: 22.

   Id. at 10248-49 P: 6.

   47 U.S.C. S: 254(d) (emphasis added); Interim Contribution Methodology
   Order, 21 FCC Rcd at 7538-40 P:P: 38-42.

   Id. at 7539 P: 40.

   Id.

   Id. at 7539 P: 41.

   Id. at 7539-40 P: 41 (citing Federal-State Joint Board on Universal
   Service, Report and Order, 12 FCC Rcd 8776, 9179 P: 787 (1997)).

   Vonage Holdings, 489 F.3d at 1240.

   Second LOI Response at 7.

   Section 312(f)(1) of the Communications Act of 1934, as amended ("Act"),
   47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures
   are assessed under Section 503(b) of the Act, provides that "[t]he term
   `willful', ... means the conscious and deliberate commission or omission
   of such act, irrespective of any intent to violate any provision of this
   Act or any rule or regulation of the Commission authorized by this Act
   ...." See Southern California Broadcasting Co., Memorandum Opinion and
   Order, 6 FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, which also applies to forfeitures assessed
   pursuant to Section 503(b) of the Act, provides that "[t]he term
   `repeated,' ... means the commission or omission of such act more than
   once or, if such commission or omission is continuous, for more than one
   day." 47 U.S.C. S: 312(f)(2). See Callais Cablevision, Inc., Notice of
   Apparent Liability for Forfeiture, 16 FCC Rcd 1359, 1362 P: 9 (2001);
   Southern California, 6 FCC Rcd at 4388 P: 5.

   47 U.S.C. S: 503(b).

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 503(b)(6).

   See 47 U.S.C. S: 503(b)(2)(D), 47 C.F.R. S: 1.80(b)(4); see also Behringer
   USA, Inc., Notice of Apparent Liability,  21 FCC Rcd 1820, 1825 (2006),
   forfeiture ordered, Forfeiture Order, 22 FCC Rcd 1051 (2007); Globcom,
   Inc. d/b/a Globcom Global Communications, Notice of Apparent Liability, 18
   FCC Rcd 19893, 19903 (2003), forfeiture ordered, Forfeiture Order,  21 FCC
   Rcd 4710 (2006); Roadrunner Transportation, Inc., Forfeiture Order,  15
   FCC Rcd 9669, 9671-71 (2000); Cate Communications Corp., Memorandum
   Opinion and Order,  60 RR 2d 1386, 1388 (1986); Eastern Broadcasting
   Corp., Memorandum Opinion and Order, 10 FCC 2d 37 (1967), recon. denied,11
   FCC 2d 193 (1967).

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087, 17113 (1997) ("Forfeiture Policy Statement"), recon.
   denied, 15 FCC Rcd 303 (1999).

   Forfeiture Policy Statement, 12 FCC Rcd at 17099 P: 22.

   Id.

   See, e.g., Sprint Nextel Corporation, Notice of Apparent Liability for
   Forfeiture, 22 FCC Rcd 16414, 16417 P: 9 (2007) (proposing a $1,325,000
   forfeiture irrespective of the absence of an established base forfeiture
   for failure to comply with deadline for 95% location capable handset
   penetration) ("Sprint Nextel") (forfeiture paid); A-O Broadcasting Corp.,
   Forfeiture Order, 31 Communications Reg. (P&F) 411 P: 22 (2003), affirmed,
   Memorandum Opinion and Order, 20 FCC Rcd 756 (2005) (assessing a $28,000
   forfeiture, inter alia, irrespective of the absence of an established base
   forfeiture for violations of radio frequency exposure limits); Callais
   Cablevision, Inc., Forfeiture Order, 17 FCC Rcd 22626, 22630 P:P: 19-20
   (2002) (assessing an aggregate $133,000 forfeiture irrespective of the
   absence of an established base forfeiture for violations of the cable
   signal leakage standards); Midwest Television, Inc., Notice of Apparent
   Liability, 20 FCC Rcd 3959 (Enf. Bur. 2005) (proposing a $20,000
   forfeiture irrespective of the absence of an established base forfeiture
   for failure to broadcast emergency information accessible to hearing
   impaired viewers).

   See e.g.. Dobson Cellular Systems, Inc. and American Cellular Corporation,
   Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 4684, 4707 P: 61
   (2006) (proposing a total $750,000 forfeiture against two commonly-owned
   wireless carriers for failure to provide E911 Phase I service in response
   to valid Public Safety Answering Point (PSAP) requests in nine instances
   and failure to provide E911 Phase II service in response to valid PSAP
   requests in 41 instances) (subsequent history omitted); Lamar County
   Cellular, Inc., Notice of Apparent Liability for Forfeiture, 21 FCC Rcd
   4375, 4378-4380 P:P: 14-18 (Enf. Bur., Spectrum Enforcement Division 2006)
   (proposing a $12,000 forfeiture against a wireless carrier for failure to
   provide E911 Phase I service in response to valid PSAP request)
   (forfeiture paid).

   See Revision of the Commission's Rules to Ensure Compatibility with
   Enhanced 911 Emergency Calling Systems, Second Memorandum Opinion and
   Order,  14 FCC Rcd 20850, 20852 P: 2 (1999), clarified, 16 FCC Rcd 18982
   (2001); see also Sprint Nextel, 22 FCC Rcd at 16418 P: 10; T-Mobile USA,
   Inc., Notice of Apparent Liability for Forfeiture,  18 FCC Rcd 3501, 3504
   P: 7 (2003) (forfeiture paid).

   Revision of the Commission's Rules to Ensure Compatibility with Enhanced
   911 Emergency Calling Systems, Report and Order and Further Notice of
   Proposed Rulemaking, 11 FCC Rcd 18676, 18679 P:5 (1996) (subsequent
   history omitted).

   See supra n. 42.

   In the VoIP 911 Order, the Commission explained the difference between
   Phase I and Phase II wireless E911 requirements: "The Commission's
   wireless E911 requirements are comprised of two phases. Pursuant to the
   Phase I rules, wireless carriers are required to provide a call back
   number for the handset placing the 911 call and report the location of the
   cell site or base station that provided the call.... Under the Phase II
   rules, wireless carriers are required to provide more accurate 911 call
   location information." VoIP 911 Order, 20 FCC Rcd at 10252 n.41.

   "E911 systems route 911 calls through the use of a Selective Router to a
   geographically appropriate PSAP based on the caller's location. E911 also
   provides the call taker with the caller's call back number ... and in many
   cases, location information...." Id. at 10251 P:13 (footnotes omitted).

   See id. at 10246 n.2 (citing examples of VoIP customers futilely
   attempting to call 911 during emergency situations).

   See 47 C.F.R. S:S: 1.20000 - 1.20008.

   See id. S:S: 64.2001 - 64.2009.

   See id. S:S: 64.601 - 64.608.

   See id. S:S: 6.1 - 6.23 and S:S: 7.1 - 7.23.

   See id. S:S: 52.20 - 52.33

   See id. S: 54.706.

   See id. S: 64.604.

   See id. S: 52.17.

   See id. S: 52.32.

   See id. S: 64.1195.

   Id. S:S: 0.111, 0.311 and 1.80.

   (Continued from previous page)

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   Federal Communications Commission DA 08-1920

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   Federal Communications Commission DA 08-1920