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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).
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(continued....)
Federal Communications Commission DA 09-1885
2
Federal Communications Commission DA 09-1885