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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
                                                                         
     In the Matter of                    )   File No. EB-08-TC-5483      
                                                                         
     Sweetser Rural Telephone Company    )   NAL/Acct. No. 200932170792  
                                                                         
     Apparent Liability for Forfeiture   )   FRN: 0018509778             
                                                                         
                                         )                               
                                                                         
                                         )                               


                                     ORDER

   Adopted: August 4, 2009 Released: August 5, 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 Sweetser Rural Telephone Company,
       Inc. ("Sweetser") 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 Sweetser a Notice of
       Apparent Liability for Forfeiture ("Omnibus NAL") proposing a
       forfeiture in the amount of twenty thousand dollars ($20,000) based on
       Sweetser'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 upon additional information
       provided by Sweetser, we agree with Sweetser that it timely filed its
       CPNI certification for calendar year 2007. Accordingly, based on the
       record, we find that Sweetser 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 Sweetser Rural Telephone Company, 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 Sweetser
       Rural Telephone Company, Inc., to its attorney of record, William B.
       Powers, 111 Monument Circle, Suite 892, Indianapolis, IN 46204.

   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 09-1615

                                       2

   Federal Communications Commission DA 09-1615