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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).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 09-1620

                                       2

   Federal Communications Commission DA 09-1620