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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File No. EB-08-TC-5703
The Telephone Company, Inc. ) NAL/Acct. No. 200932170825
Apparent Liability for Forfeiture ) FRN: 0010103497
)
)
ORDER
Adopted: July 30, 2009 Released: July 31, 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 Telephone Company, Inc. 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 The Telephone Company, Inc.
a Notice of Apparent Liability for Forfeiture ("Omnibus NAL")
proposing a forfeiture in the amount of twenty thousand dollars
($20,000) based on The Telephone Company, Inc.'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 The Telephone Company, Inc., we agree with The Telephone
Company, Inc. that it timely filed its CPNI certification for calendar
year 2007. Accordingly, based on the record, we find that The
Telephone Company, Inc. 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 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 The
Telephone Company, Inc., to its attorney of record, Katherine E.
Barker Marshall, Arent Fox LLP, 1050 Connecticut Avenue, NW,
Washington, DC 20036.
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 09-1620
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Federal Communications Commission DA 09-1620