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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                               
                                                                            
                                            )                               
                                                                            
     In the Matter of                       )   File No. EB-09-TC-143       
                                                                            
     PriorityOne Telecommunications, Inc.   )   NAL/Acct. No. 200932170102  
                                                                            
     Apparent Liability for Forfeiture      )   FRN: 0004272373             
                                                                            
                                            )                               
                                                                            
                                            )                               


                                     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 three
       thousand dollars ($3,000) issued to PriorityOne Telecommunications,
       Inc. ("PriorityOne") 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 compliant annual customer proprietary
       network information ("CPNI") compliance certification with the
       Commission on or before March 1, 2008.

    2. On February 29, 2008, PriorityOne filed a certification pursuant to
       section 64.2009(e) of the Commission's rules with the Commission's
       Secretary. In reviewing the certifications filed, the Bureau
       determined that the certification filed by PriorityOne did not comply
       with the requirements of the rule. In particular, the Bureau
       determined that the certification was not signed by an officer of the
       company with personal knowledge and lacked an explanation of actions
       taken against databrokers. Accordingly, the Bureau issued to
       PriorityOne a Notice of Apparent Liability for Forfeiture ("NAL")
       proposing a forfeiture in the amount of three thousand dollars
       ($3,000) based on PriorityOne'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 a complaint
       annual compliance certification with the Commission.

   II. Discussion

    3. In response to the NAL, PriorityOne demonstrated that the
       certification filed with the Secretary was in fact in compliance with
       the rule. However, the certification was scanned imperfectly into the
       Commission's Electronic Comment Filing System ("ECFS") and thus
       appeared to the Bureau to be missing certain information. Upon review
       of the record, we agree with PriorityOne that our NAL swas in error
       because PriorityOne had filed an annual CPNI compliance certificate
       that was signed by an officer of the company with personal knowledge
       and an explanation of any actions taken against data brokers. For this
       reason, the NAL issued to PriorityOne should be cancelled.

    4. Accordingly, based on the record, we find that PriorityOne 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.

    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 three thousand dollars ($3,000) issued to
       PriorityOne Telecommunications, Inc. in the February 25, 2009 Notice
       of Apparent Liability for Forfeiture for willful and repeated
       violations of a Commission rule 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 PriorityOne,
       to its attorney of record, attn: James M. Smith, Davis Wright Tremaine
       LLP, 1919 Pennsylvania Ave., NW, Suite 200, Washington, DC 20006.

   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).

   PriorityOne Telecommunications, Inc., Notice of Apparent Liability for
   Forfeiture, -- FCC Rcd --- (Enf. Bur. Feb. 25, 2009) ("NAL").

   47 U.S.C. S: 222.

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

   See e-mail from James M. Smith, Davis, Wright, Tremaine, counsel for
   PriorityOne, to Marcy Greene, Deputy Chief, Telecommunications Consumers
   Division, Enforcement Bureau (Feb. 25, 2009).

   47 U.S.C. S: 222.

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 09-1593

                                       2

   Federal Communications Commission DA 09-1593