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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of
) File No. EB-08-TC-5693
Hinton Telephone Company of Hinton
Oklahoma, Inc. ) NAL/Acct. No. 200932170823
Apparent Liability for Forfeiture ) FRN: 0004365334
)
)
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 Hinton Telephone Company of
Hinton Oklahoma, Inc. ("Hinton") 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 Hinton a Notice of Apparent
Liability for Forfeiture ("Omnibus NAL") proposing a forfeiture in the
amount of twenty thousand dollars ($20,000) based on Hinton'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 Hinton, we agree with Hinton that it has timely filed its CPNI
certification for calendar year 2007. Accordingly, based on the
record, we find that Hinton 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 Hinton Telephone Company of Hinton Oklahoma, 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 Hinton
Telephone Company of Hinton Oklahoma, Inc. to its attorney of record,
John A. Prendergrast, Blooston, Mordkofsky, Dickens, Duffy &
Prendergast, LLP, 2120 L Street, NW, Suite 300, Washington, DC 20037.
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).
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Federal Communications Commission DA 09-1619
2
Federal Communications Commission DA 09-1619