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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
                                                                         
     In the Matter of                    )   File No. EB-08-TC-5507      
                                                                         
     TCO Network, Inc.                   )   NAL/Acct. No. 200932170783  
                                                                         
     Apparent Liability for Forfeiture   )   FRN: 0005024641             
                                                                         
                                         )                               
                                                                         
                                         )                               


                                     ORDER

   Adopted: July 29, 2009 Released: July 30, 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 TCO Network, Inc. ("TCO Network")
       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 5, 2008, the Bureau issued a Letter of Inquiry ("LOI") to
       TCO Network asking TCO Network 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. TCO Network 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 TCO Network a Notice of Apparent Liability for
       Forfeiture ("Omnibus NAL") proposing a forfeiture in the amount of
       twenty thousand dollars ($20,000) based on TCO Network'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 TCO Network, we agree with TCO Network that it has timely filed its
       CPNI certification for calendar year 2007. Accordingly, based on the
       record, we find that TCO Network 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 TCO Network, 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 TCO Network,
       Inc. at its address of record, attn: William Linsmeier, President, TCO
       Network, Inc., 12970 W. Bluemound Road, Suite 301, Elm Grove,
       Wisconsin 53122.

   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 TCO Network (September 5, 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 09-1618

                                       2

   Federal Communications Commission DA 09-1618