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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
                                                                         
     In the Matter of                    )   File No. EB-08-TC-3439      
                                                                         
     City of Naperville                  )   NAL/Acct. No. 200932170299  
                                                                         
     Apparent Liability for Forfeiture   )   FRN: 0002381873             
                                                                         
                                         )                               
                                                                         
                                         )                               


                                     ORDER

   Adopted: August 4, 2009 Released: August 6, 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 the City of Naperville
       ("Naperville") 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 February 24, 2009, the Bureau issued to Naperville a Notice of
       Apparent Liability for Forfeiture ("Omnibus NAL") proposing a
       forfeiture in the amount of twenty thousand dollars ($20,000) based on
       Naperville'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 Naperville, we agree with Naperville that it should not have been
       included in our Omnibus NAL because Naperville had no
       telecommunications customers during calendar year 2007. Accordingly,
       based on the record, we find that Naperville 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 the City of Naperville 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 the City of
       Naperville, at its address of record, attn: Donald Carlsen, 400 South
       Eagle Street, Naperville, IL 60540.

   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).

   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 09-1614

                                       2

   Federal Communications Commission DA 09-1614