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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
     In the Matter of                        File No. EB-09-TC-127       
                                         )                               
     Momentum Telecom, Inc.                  NAL/Acct. No. 200932170086  
                                         )                               
     Apparent Liability for Forfeiture       FRN: 0005075403             
                                         )                               
                                                                         
                                         )                               


                                     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 six
       thousand dollars ($6,000) issued to Momentum Telecom, Inc.
       ("Momentum") 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 25, 2009, the Bureau issued to Momentum a Notice of
       Apparent Liability for Forfeiture ("NAL") proposing a forfeiture in
       the amount of six thousand dollars ($6,000) based on Momentum'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.
       Specifically, the Bureau observed that Momentum failed to: submit an
       annual CPNI compliance certificate that was signed by an officer of
       the company; have a corporate officer with personal knowledge execute
       an annual CPNI compliance certificate; submit an annual CPNI
       compliance certificate stating that the company has established
       operating procedures adequate to ensure compliance with the
       Commission's rules governing protection and use of customer
       proprietary network information; and submit an annual CPNI compliance
       certificate that provides an explanation of any actions taken against
       data brokers and a summary of all customer complaints received in the
       past year concerning the unauthorized release of CPNI. 

   II. Discussion

    3. Upon review of the record, and based on additional information
       provided by Momentum, we agree with Momentum that it timely filed its
       CPNI certification for calendar year 2007. Momentum filed its
       certification together with the CPNI certification for Momentum
       Wholesale, LLC. Part of the Momentum filing was combined with the
       filing for its affiliate, Momentum Wholesale, LLC; however, both
       filings were timely and, together, contained all the required
       attachments for both affiliated entities. Accordingly, based on the
       record, we find that Momentum 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 six thousand dollars ($6,000) issued to
       Momentum Telecom, Inc. in the February 25, 2009 NAL 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 Momentum
       Telecom, Inc.'s attorney of record, Devin L. Crock, Kelley Drye and
       Warren LLP, 3050 K Street, NW, Washington, DC 20007-5108.

   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).

   Momentum Telecom, Inc., Notice of Apparent Liability for Forfeiture, 24
   FCC Rcd 2299 (Enf. Bur. 2009)("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 09-1621

                                       2

   Federal Communications Commission DA 09-1621