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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
                                                                         
     In the Matter of                    )   File No. EB-08-TC-5682      
                                                                         
     The City of Daytona Beach           )   NAL/Acct. No. 200932170821  
                                                                         
     Apparent Liability for Forfeiture   )   FRN: 0007936313             
                                                                         
                                         )                               
                                                                         
                                         )                               


                                     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 The City of Daytona Beach
       ("Daytona Beach"). On February 24, 2009, the Bureau issued to Daytona
       Beach a Notice of Apparent Liability for Forfeiture ("Omnibus NAL")
       based on Daytona Beach'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.

    2. Upon review of the record, and based on additional information
       provided by Daytona Beach, we agree with Daytona Beach that Daytona
       Beach was not a telecommunications carrier at the time the CPNI
       certification filing was due.  Accordingly, we find that Daytona Beach
       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 ("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 City of Daytona Beach 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 City of
       Daytona Beach, to its Assistant City Attorney, Benjamin S. Gross, 301
       S. Ridgewood Avenue, Suite 220, Daytona Beach, FL 32114.

   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).

   See Letter from Benjamin S. Gross, Assistant City Attorney, The City of
   Daytona Beach, to Marcy Greene, Deputy Division Chief, Telecommunications
   Consumers Division, Enforcement Bureau, FCC (June 26, 2009) ("June 26
   Letter").

   47 U.S.C. S: 222.

   47 C.F.R. S: 64.2009(e).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 09-1885

                                       2

   Federal Communications Commission DA 09-1885