Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of ) File No. EB-08-TC-3272
Cellular Abroad, Inc. ) NAL/Acct. No. 200932170942
Apparent Liability for Forfeiture ) FRN: 0016516411
)
ORDER
Adopted: September 1, 2009 Released: September 1, 2009
By the Acting Chief, Enforcement Bureau:
1. In this Order, we cancel a proposed forfeiture in the amount of twenty
thousand dollars ($20,000) issued to Cellular Abroad, Inc. ("Cellular
Abroad"). On February 24, 2009, the Bureau issued to Cellular Abroad a
Notice of Apparent Liability for Forfeiture ("Omnibus NAL") based on
Cellular Abroad's 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 compliance certification with the
Bureau.
2. Upon review of the record, and based on additional information
provided by Cellular Abroad, we agree with Cellular Abroad that it was
not required to file a CPNI certification for calendar year 2007.
Cellular Abroad is not a telecommunications carrier; it is in the
business of selling international subscriber identity module ("SIM")
cards as well as selling and renting mobile phones. Cellular Abroad
thus had no telecommunications customers during the 2007 calendar
year, only customers for equipment rentals and sales and SIM card
sales. Accordingly, we find that Cellular Abroad did not violate
section 222 of the Act, section 64.2009(e) of the Commission's rules,
or the Commission's EPIC CPNI Order. Consequently, we conclude that no
forfeiture should be imposed.
3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the
Communications Act of 1934, as amended, 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 Cellular
Abroad in the February 24, 2009 Omnibus Notice of Apparent Liability
for Forfeiture IS CANCELLED.
4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to Cellular
Abroad, attn: Sebastian Harrison, 425 Culver Blvd., Playa del Ray, CA
90293.
FEDERAL COMMUNICATIONS COMMISSION
Suzanne M. Tetreault
Acting Chief, Enforcement Bureau
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).
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).
47 U.S.C. S: 222.
47 C.F.R. S: 64.2009(e).
(...continued from previous page)
(continued....)
Federal Communications Commission DA 09-1884
2
Federal Communications Commission DA 09-1884