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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                 )                           
                                                                             
                                                 )                           
     In the Matter of                                File No. EB-06-TC-4501  
                                                 )                           
     Manning Municipal Communications and            NAL/Acct. No. 20073217  
     Television System Utilities                 )   0053                    
                                                                             
     Apparent Liability for Forfeiture           )   FRN: 0003752508         
                                                                             
                                                 )                           
                                                                             
                                                 )                           


                                     ORDER

                   Adopted: May 2, 2008 Released: May 2, 2008

   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 Manning Municipal Communications
       and Television System Utilities ("Manning") 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 December 5, 2006, the Bureau issued a Letter of Inquiry ("LOI") to
       Manning directing Manning 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 Manning 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. Manning filed
       responses to the NAL on May 11, 2007, and May 16, 2007 ("Response").

   II. discussion

    3. Manning's response to the NAL includes a notarized letter attesting to
       the fact that the company filed a response to the LOI in December
       2006. The NAL response also included a copy of Manning's CPNI
       Certification dated December 8, 2006, an accompanying statement
       outlining Manning's CPNI operating procedures and an annual CPNI
       acknowledgement that must be signed by its employees. Pursuant to the
       December 5, 2006 LOI sent to Manning, 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. 
       Manning failed to submit its response in accordance with the
       requirements of the LOI. Companies such as Manning 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 Manning'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 Manning to carefully follow
       all relevant instructions in Commission directives when dealing with
       the Commission in the future.

    4. Based on our review of Manning's Response and the record, we find that
       Manning 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
       Manning Municipal Communications and Television System Utilities, 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 Manning
       Municipal Communications and Television System Utilities, 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 Jeffrey F. Carson, Manning
   Municipal Communications and Television System Utilities and CT
   Corporation (December 5, 2006) ("LOI"). See 47 C.F.R. S: 64.2009(e).

   Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 6313 (March 30,
   2007).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 08-457

                                       2

   Federal Communications Commission DA 08-457