Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

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
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
                                                                         
     In the Matter of                    )   File No. EB-08-TC-2782      
                                                                         
     @Communications, Inc.               )   NAL/Acct. No. 200932170168  
                                                                         
     Apparent Liability for Forfeiture   )   FRN: 0005013699             
                                                                         
                                         )                               
                                                                         
                                         )                               


                                     ORDER

   Adopted: July 24, 2009 Released: July 24, 2009

   By the Chief, Enforcement Bureau:

   I. introduction and Background

    1. In this Order, we cancel a proposed forfeiture in the amount of twenty
       thousand dollars ($20,000) issued to @Communications, Inc.
       ("@Communications") for apparent violation of section 222 of the
       Communications Act of 1934, as amended (the "Act"), section 64.2009(e)
       of the Commission's rules, and the Commission's EPIC CPNI Order,  by
       failing to timely file an annual customer proprietary network
       information ("CPNI") compliance certification with the Commission on
       or before March 1, 2008.

    2. On September 2, 2008, the Bureau issued a Letter of Inquiry ("LOI") to
       @Communications asking @Communications whether it had filed a CPNI
       compliance certificate for the calendar year 2007 on or before March
       1, 2008 and if so, to provide a copy of the filing. @Communications
       responded to the LOI on September 8, 2008, including a copy of the
       CPNI compliance certificate timely filed for calendar year 2007. On
       February 24, 2009, the Bureau issued to @Communications a Notice of
       Apparent Liability for Forfeiture ("Omnibus NAL") proposing a
       forfeiture in the amount of twenty thousand dollars ($20,000) based on
       @Communications's apparent violation of section 222 of the Act,
       section 64.2009(e) of the Commission's rules, and the Commission's
       EPIC CPNI Order,  by failing to timely file an annual compliance
       certification with the Bureau.

   II. Discussion

    3. Upon review of the record and based on additional information provided
       by @Communications, we agree with @Communications that it has timely
       filed its CPNI certification for calendar year 2007. Accordingly,
       based on the record, we find that @Communications did not willfully
       and repeatedly violate section 222 of the Act, section 64.2009(e) of
       the Commission's rules, and the Commission's EPIC CPNI Order.
       Consequently, we conclude that no forfeiture should be imposed.

    4. 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 twenty thousand dollars ($20,000) issued
       to @Communications, Inc. in the February 24, 2009 Omnibus Notice of
       Apparent Liability for Forfeiture for willful and repeated violations
       of a Commission rule IS CANCELLED.

    5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to
       @Communications, Inc. at its address of record, Attn: Eddie A.
       Arrants, @Communications, Inc., 1509 Bridges Street, Morehead City, NC
       28557 and to W. Scott McCollough, 1250 S. Capital of Texas Highway,
       Building 2-235, West Lake Hills, TX 78746.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris A. Monteith

   Chief, Enforcement Bureau

   47 U.S.C. S: 222.

   47 C.F.R. S: 64.2009(e).

   Implementation of the Telecommunications Act of 1996: Telecommunications
   Carriers' Use of Customer Proprietary Network Information and Other
   Customer Information; IP-Enabled Services, CC Docket No. 96-115; WC Docket
   No. 04-36, Report and Order and Further Notice of Proposed Rulemaking, 22
   FCC Rcd 6927, 6953 (2007) ("EPIC CPNI Order"); aff'd sub nom. Nat'l Cable
   & Telecom. Assoc. v. FCC, No. 07-132, (D.C. Cir. decided Feb. 13, 2009).

   Letter from Marcy Greene, Deputy Division Chief, Telecommunications
   Consumers Division, Enforcement Bureau to @Communications (Sept. 2, 2008)
   ("LOI"). See 47 C.F.R. S: 64.2009(e).

   Annual CPNI Certification Omnibus Notice of Apparent Liability for
   Forfeiture, 24 FCC Rcd 2299 (Enf. Bur. 2009) ("Omnibus NAL").

   47 U.S.C. S: 222.

   47 C.F.R. S: 64.2009(e).

   47 U.S.C. S: 222.

   47 C.F.R. S: 64.2009(e).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 09-1592

                                       2

   Federal Communications Commission DA 09-1592